Michael Rikon

April 24, 2018 | New York Law Journal

In his Condemnation and Tax Certiorari column, Michael Rikon writes: Recently, the Second Department confirmed the application of the “reasonable probability—incremental increase rule” in 'Matter of New Creek Bluebelt, Phase 3, (Baycrest Manor)'.

By Michael Rikon

6 minute read

December 22, 2017 | New York Law Journal

In his Condemnation and Tax Certiorari column, Michael Rikon writes: On appeal of a condemnation or tax certiorari case, what exactly is the appellate court standard of review? The answer is not that simple.

By Michael Rikon

7 minute read

October 30, 2017 | New York Law Journal

In his Condemnation and Tax Certiorari column, Michael Rikon writes: Courts rarely grant summary judgment motions in a condemnation case. The reason is that the issue of just compensation presents an inherent issue of fact for the court to be determined on the evidence presented which usually is focused on a written appraisal.

By Michael Rikon

18 minute read

August 21, 2017 | New York Law Journal

Condemnation and Tax Certiorari columnist Michael Rikon analyzes the Supreme Court's decision agreeing with the state's holding that two lots adjacent to the St. Croix River should be considered as one parcel for a regulatory takings analysis, a holding that unfortunately creates a vague multifactor balancing test.

By Michael Rikon

7 minute read

June 26, 2017 | New York Law Journal

In his Condemnation and Tax Certiorari column, Michael Rikon discusses the recent decision in 'Matter of Avella v. City of New York', which enjoined the proposed development of parkland in Willets Point, Queens as a shopping mall and movie theater on Citi Field's parking lot.

By Michael Rikon

17 minute read

April 24, 2017 | New York Law Journal

Condemnation and Tax Certiorari columnist Michael Rikon writes that a partial taking is a frequent occurrence in street widenings or takings for sewer, electrical or gas lines. Partial takings are more complicated than full takings—not only are we concerned with the value of the part taken, we must also look into whether or not the part not taken has had its value affected negatively.

By Michael Rikon

18 minute read

February 27, 2017 | New York Law Journal

Condemnation and Tax Certiorari columnist Michael Rikon writes: In the typical takings case, government files a petition of condemnation, the former owner files a claim and the matter proceeds for a determination of just compensation. But what about regulations, restrictions or other actions by a government entity with the power of eminent domain which are designed to earmark or restrict property in a way that works to reduce the property's fair market value? The more difficult question is, does this result in a de facto taking?

By Michael Rikon

16 minute read

December 27, 2016 | New York Law Journal

In his Condemnation and Tax Certiorari column, Michael Rikon discusses the Dec. 7 decision by the Second Department, in 'Monroe Equities v. State of New York'. The decision addressed the contention that the application of watershed regulations constituted a per se taking under 'Lucas v. South Carolina Coastal Council', 505 U.S. 1003, requiring compensation under the Takings Clause of the U.S. Constitution because claimant was deprived of all economically beneficial use of its property.

By Michael Rikon

17 minute read

November 15, 2016 | New York Law Journal

Condemnation and Tax Certiorari columnist Michael Rikon and partner Joshua H. Rikon explain advance payments in condemnation cases and problems that arise. New York is what is known as a "quick take" state. This means that title to property is transferred immediately when a condemnor exercises its power of eminent domain. The condemnor owes the condemnee just compensation once the property is taken. The measure of this just compensation is the fair market value of the property taken on the date of acquisition. Because the money is due on the title vesting date, interest accrues for any delay in payment. This is different from a "slow take" acquisition where a just compensation claim is resolved before title to property is transferred to a condemner.

By Michael Rikon and Joshua H. Rikon

16 minute read

August 25, 2016 | New York Law Journal

In his Condemnation and Tax Certiorari column, Michael Rikon addresses regulatory, administrative and jurisdictional issues relating to wetlands and analyzes a new Supreme Court case, in which a landowner directly challenged federal jurisdiction of the Army Corps of Engineers.

By Michael Rikon

16 minute read