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Michael Rikon

Michael Rikon

February 25, 2015 | New York Law Journal

Will Affordable Housing Requirement Effect a Taking?

In his Condemnation and Tax Certiorari column, Michael Rikon discusses regulatory takings, inclusionary zoning and New York City Mayor Bill de Blasio's pledge to create or preserve 200,000 affordable units of housing in the next decade.

By Michael Rikon

9 minute read

February 24, 2015 | New York Law Journal

Will Affordable Housing Requirement Effect a Taking?

In his Condemnation and Tax Certiorari column, Michael Rikon discusses regulatory takings, inclusionary zoning and New York City Mayor Bill de Blasio's pledge to create or preserve 200,000 affordable units of housing in the next decade.

By Michael Rikon

9 minute read

December 30, 2014 | New York Law Journal

Valuation of Condemned Property Subject to Wetlands Regulations

In his Condemnation and Tax Certiorari column, Michael Rikon analyzes a recent a Second Department decision involving the valuation of Staten Island Wetlands. The decision is important to the consideration of all claims involving regulatory takings commonly referred to as inverse condemnation, and it is the first appellate court determination on the subject of wetlands valuation in a condemnation setting in over 25 years.

By Michael Rikon

10 minute read

October 28, 2014 | New York Law Journal

A Park Is a Park Unless It's Not

In his Condemnation and Tax Certiorari column, Michael Rikon discusses the public trust doctrine and the First Department's recent decision allowing NYU to proceed with a building project on land that includes three parcels the lower court had found to be public parkland,

By Michael Rikon

9 minute read

August 20, 2014 | New York Law Journal

Applying Project Influence Rule in Condemnation

In his Condemnation and Tax Certiorari column, Michael Rikon reviews a case in which the Court of Claims ordered an award on an appropriation claim which was lower than the advance payment, and the Third Department, in reversing, discussed the burden of proof when a change of zoning occurred to the property prior to the taking.

By Michael Rikon

9 minute read

June 24, 2014 | New York Law Journal

Is Right of Entry in Eminent Domain Procedure Law Unconstitutional?

In his Condemnation and Tax Certiorari column, Michael Rikon, a partner of Goldstein, Rikon, Rikon & Houghton, discusses whether New York's Eminent Domain Procedure Law §404, which allows a condemnor, when engaged in work connected to a proposed public project to enter upon any real property for the purpose of surveying and investigating and also for temporary occupancy during construction, is constitutional.

By Michael Rikon

9 minute read

April 22, 2014 | New York Law Journal

More on Discovery of Prior Appraisals—'Lerner v. State'

In his Condemnation and Tax Certiorari column, Michael Rikon, a partner of Goldstein Rikon Rikon & Houghton, reviews a recent Third Department decision that highlights a situation where the state files the lower of two appraisals of property that was being taken and claims privilege in the higher one, despite the property owner having received the full value of the higher appraisal as an advance payment, as required by Eminent Domain Procedure Law.

By Michael Rikon

10 minute read

February 28, 2014 | New York Law Journal

Parkland, the Public Trust Doctrine and Prior Public Use

In his Condemnation and Tax Certiorari column, Michael Rikon, a partner of Goldstein, Rikon, Rikon & Houghton, writes that the protection of parkland falls under the broader panoply of the public trust doctrine, which holds that the government is required to maintain certain resources for the public's reasonable use, but, as the Court of Appeals determined last week, reasonable use can encompass more than one valid option.

By Michael Rikon

8 minute read

December 18, 2013 | New York Law Journal

Valuation of Golf Course in a Tax Assessment Challenge

In his Condemnation and Tax Certiorari column, Michael Rikon, a partner at Goldstein, Rikon, Rikon & Houghton, discusses several important aspects of a recent tax certiorari proceeding that involved a challenge to tax assessments made on 123 acres of property in Nassau County used as a private, not-for-profit golf course.

By Michael Rikon

9 minute read

February 26, 2013 | New York Law Journal

Corridor Valuation in Railroad Land Condemnation

In their Condemnation and Tax Certiorari column, M. Robert Goldstein and Michael Rikon, partners of Goldstein, Rikon, Rikon & Houghton, write that you cannot find a reported case in New York on how just compensation is determined where railroad lands had been condemned - until the recent case of 'N.Y. Central Lines.'

By M. Robert Goldstein and Michael Rikon

9 minute read