The facts at issue in Elpa Builders, Inc. v. State of New York are relatively straightforward. The property owner (the “Owner”) owned a 53,645-square-foot parcel of property (the “Property”) along New York State Route 347 (“Route 347”) in the Town of Smithtown. The Property is improved with a commercial building and is subject to a long-term ground lease with Taco
Continue Reading Property Owner’s Request for Court-Determined Just Compensation Backfires
The Reasonable Probability Increment Continues to Boost Just Compensation For Wetlands Condemnation in Galarza v. City of New York
Early this year, the Supreme Court of New York, Richmond County issued a comprehensive opinion in Galarza v. City of New York, 58 Misc.3d 1210(A), reaffirming and clarifying the nuances of condemnation, takings and just compensation principles as they relate to wetlands restrictions. The court held that the owner of a 21,000 square-foot vacant lot (“Property”) condemned
Continue Reading The Reasonable Probability Increment Continues to Boost Just Compensation For Wetlands Condemnation in Galarza v. City of New York