We recently came across an interesting decision from a federal appeals court involving a town’s rescission of a 25-year-old negative declaration issued under the New York State Environmental Quality Review Act (SEQRA). A “negative declaration” is a written determination by a lead agency that a proposed action will not result in significant adverse environmental impacts.
Citizens Group Has Standing to Challenge Town of Southampton’s Canoe Place Inn Planned Development District
The Town of Southampton re-zoned three properties located in Hampton Bays adjacent or close to the Shinnecock Canal by amending the Town’s Zoning Code to add section 330-248(V), creating the Canoe Place Inn, Canal and Eastern District Maritime Planned Development District. This local
Complete Streets Policies – How To Achieve Cleaner, Greener and More Efficient Roadways
Complete Streets refers to roadway design aimed at ensuring safe and convenient access for all users, whether on foot, on a bicycle, in vehicles, or using other transit modes. 
Here on Long Island, roadway design has primarily focused on one mode of transportation – the automobile. But that is changing. Now, roadways are looked at
Riparian Easements And Waterfront Lands
In New York, as a general rule, the touchstone of riparian rights has been the ownership of land touching a navigable waterway. See Bromberg v. Morton 64 AD2d 684 [2d Dept 1978]. As a result, unless expressly reserved by deed, if a waterfront lot is partitioned, any resulting lot that no longer physically touches the
Nassau and Suffolk Towns Enact Tougher Laws to Combat Vacant and Abandoned Properties
The Towns of Babylon and Hempstead have recently enacted legislation designed to combat the blight associated with “zombie” homes and other vacant and abandoned properties. Both laws create a registry and require the payment of fees to offset the costs associated with monitoring and inspecting properties that are required to register.
Town of Babylon
The
Suffolk County’s Program To Develop Preserved Farmlands Is Rejected By The Court
Beginning in 1974, Suffolk County enacted a series of laws, now codified as Chapter 8 of the Suffolk County Code, which sought to preserve agricultural lands. In exchange for paying an owner for the development rights of his/her farmland, the owner agreed to a covenant restricting the land to agricultural or open space. Between 1974
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
So What Exactly Are PFOS and PFOA?
There has been a lot of recent press about water pollution caused by PFOS and PFOA, in particular at Hoosick Falls in upstate New York and at the Stewart Air National Guard Base in Newburgh. You may have wondered what the heck these chemicals are and should we be worried about them on Long Island.
The Village of Asharoken Faces A Rising Tide
Rising sea levels and erosion have caused severe damage to Asharoken Avenue, the only road into or out of the Village of Asharoken. These conditions continue to endanger the lives and property of the people that live in Eatons Neck. Yet, despite the potential benefits from a multi-million dollar federally funded project that will protect
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