Before we blog our way into 2017, we wanted to take a moment to review the topics that we blogged about in 2016 and to remind our readers that the land use practice group at Farrell Fritz is a diverse group of attorneys, which is why the topics that we blog about are quite diverse.
Joint Tenants Must Hold Equal Ownership Interests in Real Property
On July 11, 2016 and August 22, 2016, we blogged about how to successfully prepare and record a deed in the State of New York. Just a few days ago, a question arose as to whether joint tenants with rights of survivorship can hold title to real property in unequal interests. Although I emphatically
Special Use Permits Versus Area Variances: How The Difference Adversely Impacted A Property Owner In A Condemnation Proceeding
Today’s blog post concerns a property owner receiving substantially less than it wanted when its property was taken in an eminent domain proceeding because the “highest and best use” it claimed was applicable to the site required an area variance and a zoning change, rather than a special use permit. The awarded amount was about
How to Successfully Prepare and Record a Deed in New York, Part 2: No Consideration Deed Transfers
On July 11, 2016, I began a short blog series on how to successfully prepare and record a deed in New York State. In that post, we reviewed the various types of deeds available such as warranty deeds, bargain and sale deeds and executors deeds. We also discussed the importance of securing a copy of
How to Successfully Prepare and Record a Deed in New York, Part 1: The Do’s and Don’ts
As any New York State attorney would most likely agree, ownership and title to real property can play an integral role in the practice of not only transactional real estate law, but also, land use development (our specialty area), matrimonial law, trusts and estates law, elder law, corporate law, and numerous other practice areas. In
Vested Rights – When They Vest And When They Do Not
Zoning codes are often at odds with a property owner’s intended use for its site. In certain situations, a property owner may be able to use the site as intended. For example, if the actual use pre-dates the zoning code change, it can continue as a non-conforming use. This is frequently referred to as the
Pine Barren Credits – There’s Money In Those Trees
On July 14, 1993, the Long Island Pine Barrens Protection Act was signed into law by Gov. Mario Cuomo, creating one of the largest comprehensive land management plans in New York history.
After the State Legislature determined to protect approximately 100,000 acres of the Long Island Pine Barrens, the towns of Brookhaven, Riverhead and Southampton
Southampton Trustees’ Jurisdiction Erodes
Like waves hitting a sandcastle, the Appellate Division, Second Department, dealt a serious blow to the perceived authority and jurisdictional reach of the Southampton Town Trustees in three recent decisions, (Semlear v. Incorporated Village of Quogue, 2015 NY Slip Op 03345 (April 22, 2015), Semlear v. Albert Marine Construction, 2015 NY Slip Op
Zoning Laws Do Not Exist to Insure Economic Interest
By decision dated March 13, 2014, the Appellate Division, Second Department, upheld a trial court decision in Harbor Park Realty, LLC v. Modelewski, affirming certain relief granted by the Town of Huntington Zoning Board of Appeals (“ZBA”) to 1033 Fort Salonga, LLC, et al. (hereinafter “1033”) for a depth extension into a residential
Real Property Pre-Purchase Due Diligence
REAL PROPERTY PRE-PURCHASE DUE DILIGENCE:
IMPACT OF ASTM’S NEW PHASE I ENVIRONMENTAL SITE ASSESSMENT STANDARD
By: Charlotte Biblow
Prospective property buyers and their environmental professionals are treading in uncertain territory when conducting due diligence activities these days. Here’s why:
Background
On November 1, 2005, the US Environmental Protection Agency (“USEPA”) issued its All Appropriate Inquiries