Jennifer Polovetsky

November 25, 2024 | New York Law Journal

The author states "New York courts have consistently held that the proper method of valuation for trade fixtures is reproduction cost less depreciation. This means that each fixture item is valued based on the cost of reproducing that item as of the time of the eminent domain seizure, less the depreciation of such item, to arrive at its sound value."

By Jennifer Polovetsky

10 minute read

September 06, 2024 | New York Law Journal

"What does 'Chevron' being overruled mean with respect to the courts deferring to a government agency's determination that an eminent domain property acquisition qualifies as a 'public use'?" writes Jennifer Polovetsky of Duane Morris.

By Jennifer Polovetsky

6 minute read

June 21, 2024 | New York Law Journal

It is a little-known fact that, in New York, electric and gas corporations may acquire property via eminent domain if said property is necessary for its corporate purposes. Eminent domain is an awesome power that is usually reserved for the government. However, New York state has long granted this same eminent domain power to utilities as well.

By Jennifer Polovetsky

6 minute read