Michael Rikon

June 28, 2016 | New York Law Journal

In his Condemnation and Tax Certiorari column, Michael Rikon writes: A trial court is charged with making all the legal determinations in an eminent domain case. But as the trier of the facts, it also has broad discretion to decide many critical issues which determine the amount of "just compensation." In this article, he discusses a few of the areas that are said to be within the sound discretion of the trial court.

By Michael Rikon

21 minute read

April 26, 2016 | New York Law Journal

In his Condemnation and Tax Certiorari column, Michael Rikon writes: Ordinarily, the potential uses the court may consider in determining value of a property taken by eminent domain are limited to those uses permitted by the zoning regulations at the time of taking. When, however, there is a reasonable probability of rezoning, some adjustment must be made to the value of the property as zoned.

By Michael Rikon

19 minute read

February 23, 2016 | New York Law Journal

In his Condemnation and Tax Certiorari column, Michael Rikon writes: There are three ways that property can be taken, requiring the payment of just compensation pursuant to the Fifth Amendment—the de jure condemnation proceedings with which we are familiar, and through an inverse taking or a de facto taking, terms which are unfortunately used interchangeably by the courts.

By Michael Rikon

10 minute read

October 30, 2015 | New York Law Journal

In his Condemnation and Tax Certiorari column, Michael Rikon writes that compared to the procedures in other states, our Eminent Domain Procedure Law provides far superior protection. While New York should be proud, the law is almost 40 years old, and there is need to study and revise it.

By Michael Rikon

10 minute read

October 29, 2015 | New York Law Journal

In his Condemnation and Tax Certiorari column, Michael Rikon writes that compared to the procedures in other states, our Eminent Domain Procedure Law provides far superior protection. While New York should be proud, the law is almost 40 years old, and there is need to study and revise it.

By Michael Rikon

10 minute read

August 25, 2015 | New York Law Journal

In his Tax Certiorari and Condemnation column, Michael Rikon writes that appraisers typically send a draft of their appraisal report to attorneys for prior review or comment before finalizing the report—a review that can be extremely helpful if there is something missing or inaccurate in the appraisal. The danger is that the attorney or client may totally revise a report so as to put the appraiser's credibility in question.

By Michael Rikon

11 minute read

August 25, 2015 | New York Law Journal

In his Tax Certiorari and Condemnation column, Michael Rikon writes that appraisers typically send a draft of their appraisal report to attorneys for prior review or comment before finalizing the report&#8212a review that can be extremely helpful if there is something missing or inaccurate in the appraisal. The danger is that the attorney or client may totally revise a report so as to put the appraiser's credibility in question.

By Michael Rikon

11 minute read

June 23, 2015 | New York Law Journal

In his Condemnation and Tax Certiorari column, Michael Rikon discusses the question of how much time a condemnee has to file a condemnation claim, and finds that the answer depends on many variables such as: Who was the condemnor? How did the condemnee learn of the taking? Was the taking de jure or de facto? The author concludes with this take-away: “If a condemnor has taken your property without a formal condemnation, you should move immediately to protect your rights.”

By Michael Rikon

8 minute read

June 22, 2015 | New York Law Journal

In his Condemnation and Tax Certiorari column, Michael Rikon discusses the question of how much time a condemnee hasto file a condemnation claim, and finds that the answer depends on many variables such as: Who was the condemnor? How did the condemnee learn of the taking? Was the taking de jure or de facto? The author concludes with this take-away: “If a condemnor has taken your property without a formal condemnation, you should move immediately to protect your rights.”

By Michael Rikon

8 minute read

April 30, 2015 | New York Law Journal

In his Condemnation and Tax Certiorari column, Michael Rikon discusses the appraisal process when condemning authorities take only part of a parcel of land, the severance and consequential damages that may result from such a taking, and 'cost to cure.'

By Michael Rikon

10 minute read