Michael Rikon

October 23, 2023 | New York Law Journal

A partial taking may consist of a small taking, yet may cause substantial damage to the remainder. Indeed, it may leave a valueless remainder. Property owners should be aware of their right to just compensation.

By Michael Rikon

8 minute read

August 21, 2023 | New York Law Journal

In this article, Michael Rikon discusses entrepreneurial profit and how owners of property condemned in the course of development are entitled to be compensated for all its efforts.

By Michael Rikon

8 minute read

June 28, 2023 | New York Law Journal

The court should not automatically adopt a time period inserted by the condemnor. A condemnation claim is a constitutional claim and attempting to prevent a taking claim by shortening the time period to file is asking for trouble. It is the function of the court to set time limits to file. The court should not rubber stamp the condemnor's submissions in a proposed vesting order.

By Michael Rikon

8 minute read

April 24, 2023 | New York Law Journal

In General In a condemnation case, real estate is valued as if it is free and clear of all leases, mortgages or encumbrances. It is a fair market valuation.…

By Michael Rikon

7 minute read

February 24, 2023 | New York Law Journal

In city after city, highways that were built to appease white suburban commuters, and enabled through eminent domain and funds from the 1949 Housing Act and 1956 Interstate Highway Act, were shoved through African American neighborhoods, causing surrounding blight and pollution. Among the Black neighborhoods divided by highways were Treme in New Orleans, the Brooklyn area of Charlotte and Overtown in Miami.

By Michael Rikon

8 minute read

December 22, 2022 | New York Law Journal

Racially based appraisal bias is a well-documented and pervasive issue that has long contributed to the widening wealth gap for Black families. This article discusses the issue and offers that the answer to reducing appraisal bias on racial grounds is to expand opportunities for Black real estate professionals.

By Michael Rikon

7 minute read

October 24, 2022 | New York Law Journal

The Supreme Court, in 'Sackett v. U.S. Environmental Protection Agency', will decide on whether the Ninth Circuit set forth the proper test for determining whether wetlands are "waters of the United States" under the Clean Water Act.

By Michael Rikon

8 minute read

August 22, 2022 | New York Law Journal

Eminent domain directed at property used for a religious purpose has certain constitutional issues.

By Michael Rikon

8 minute read

June 27, 2022 | New York Law Journal

In any trial to determine the value of real property, whether it be an eminent domain taking, or an application to reduce assessed taxes, a recent sale of the parcel will be extremely relevant.

By Michael Rikon, CRE

9 minute read

February 18, 2022 | New York Law Journal

In his Condemnation and Tax Certiorari column, Michael Rikon discusses the recent Fourth Department decision, 'West Gates CIP v. State of New York', where the court affirmed an award in a partial taking which only awarded direct damages, and stated: "Where, as here, claimant contends that the highest and best use of the property is something other than its current or existing use, it must be shown 'that there is a reasonable probability that its asserted use could or would have been made within the reasonably near future.'"

By Michael Rikon

8 minute read