Michael Rikon

December 30, 2019 | New York Law Journal

In his Condemnation and Tax Certiorari column, Michael Rikon writes: Eminent domain, the awesome inherent power of the sovereign, has developed a distinct body of law. Practitioners in this area should be aware of the key holdings. In other words, don't leave for the courthouse until you are familiar with the following cases.

By Michael Rikon

9 minute read

October 21, 2019 | New York Law Journal

On paper, an expert may be incredibly impressive. But is that enough for one to prevail in a case focused on valuation? After 50 years of trying condemnation cases, Michael Rikon offers advice to expert witnesses on how to properly testify in court.

By Michael Rikon

8 minute read

August 26, 2019 | New York Law Journal

In his Condemnation and Tax Certiorari column, Michael Rikon discusses partial acquisitions in condemnation cases and writes: "Within the area of consequential damages, we must explore, not only the loss in value suffered by the remaining property, but the possible benefits to that remainder which are the result of the improvement for which the part taken was acquired. To further complicate things, the question arises, do we consider special benefits to the remainder as distinguished from general benefits?

By Michael Rikon

8 minute read

June 24, 2019 | New York Law Journal

In his Condemnation and Tax Certiorari column, Michael Rikon discusses the Second Department decision 'Matter of City of Long Beach v. Sun NFL Limited Partnership', which concerned an application for reimbursement of legal, appraisal fees and disbursements pursuant to EDPL §701.

By Michael Rikon

7 minute read

April 22, 2019 | New York Law Journal

In his Condemnation and Tax Certiorari column, Michael Rikon discusses two decisions handed down by the Second Department in two consecutive weeks deciding challenges to determinations adopted to condemn property by eminent domain for the purpose of returning the property to productive use in accordance with the City of Yonkers Master Plan in two separate urban renewal plans.

By Michael Rikon

8 minute read

March 04, 2019 | New York Law Journal

In his Condemnation and Tax Certiorari column, Michael Rikon writes: It can be shown that prior appraisals must be maintained by the appraiser. And once that appraiser has testified, any conditional immunity a prior report had disappeared. An appraiser can be substantially impeached by the prior appraisal.

By Michael Rikon

8 minute read

December 17, 2018 | New York Law Journal

In his Condemnation and Tax Certiorari column, Michael Rikon discusses condemnation challenges, writing: A petitioner will find it extremely difficult to prevail and have a petition granted to reject the condemnor's Determination and Findings. If an adequate basis for determination is shown and the objector cannot show that the determination was without foundation, the agency's determination will be confirmed.

By Michael Rikon

9 minute read

October 22, 2018 | New York Law Journal

In his Condemnation and Tax Certiorari column, Michael Rikon writes: The U.S. Supreme Court denied certiorari on Oct. 1, 2018 to 'Martins Beach 1 v. Surfrider Foundation'. The court refused to hear an appeal by an owner to overturn a ruling that a beach access path must stay open.

By Michael Rikon

8 minute read

August 27, 2018 | New York Law Journal

In his column on Condemnation and Tax Certiorari, Michael Rikon suggests some changes to the Eminent Domain Procedure Law, which New York adopted 41 years ago; he writes that the statute is "long in the tooth and in need of revision."

By Michael Rikon

9 minute read

June 25, 2018 | New York Law Journal

In Michael Rikon's Condemnation and Tax Certiorari column, he explores the various ways that property can be taken requiring the payment of just compensation pursuant to the Fifth Amendment.

By Michael Rikon

2 minute read