December 20, 2007 | New York Law Journal
Condemnation and Tax CertiorariMichael Rikon, a partner of Goldstein, Goldstein, Rikon & Gottlieb, and Joshua H. Rikon, an associate at the firm, write that New York caselaw does not establish a bright-line rule for deciding what constitutes a material part taken by eminent domain as contemplated by the act.
By Michael Rikon and Joshua H. Rikon
11 minute read
February 22, 2006 | New York Law Journal
Condemnation and Tax CertiorariM. Robert Goldstein and Michael Rikon, partners of Goldstein, Goldstein, Rikon & Gottlieb, write that it is a basic tenet of condemnation law that a property that is being devoted to a public use may not be condemned by another body having the right of eminent domain (except the state itself) without legislative authorization. But this well-tested principle was still at the heart of a recent court battle involving New York City.
By M. Robert Goldstein and Michael Rikon
11 minute read
December 29, 2006 | New York Law Journal
Condemnation and Tax CertiorariM. Robert Goldstein and Michael Rikon, partners of Goldstein, Goldstein, Rikon & Gottlieb, write that the Eminent Domain Procedure Law should be amended to take into account and correct the inconsistencies in the existing statutory provisions. More importantly, the law should focus on the need to define and perhaps limit the definition of public purpose and permissible acquisitions.
By M. Robert Goldstein and Michael Rikon
9 minute read
February 25, 2009 | New York Law Journal
Condemnation and Tax CertiorariM. Robert Goldstein and Michael Rikon, partners of Goldstein, Goldstein, Rikon & Gottlieb, review a recent decision where the Court of Appeals dealt with the test for determining what is a "trade fixture" for which an owner is to be compensated in a condemnation proceeding with particular reference to machinery.
By M. Robert Goldstein and Michael Rikon
13 minute read
June 25, 2008 | New York Law Journal
Condemnation and Tax CertiorariMichael Rikon, a partner of Goldstein, Goldstein, Rikon & Gottlieb, and Joshua H. Rikon, an associate at the firm, review De Laus v. State of New York, a case where the issue of condemnation blight was central to the court's decision on just compensation.
By Michael Rikon and Joshua H. Rikon
10 minute read
April 30, 2008 | New York Law Journal
Condemnation and Tax CertiorariM. Robert Goldstein and Michael Rikon, partners of Goldstein, Goldstein, Rikon & Gottlieb, write that the subject of condemation proceedings soon will take the stage in view of the planned Number 7 Line Extension, the Second Avenue Subway, the Long Island Railroad connection to Grand Central Terminal and the planned new railroad line from New Jersey to Penn Station.
By M. Robert Goldstien and Michael Rikon
10 minute read
February 26, 2002 | New York Law Journal
Condemnation and Tax CertiorariL osing one`s property in a condemnation proceeding is often hard enough to take, but what if the property is never put to the use for which it was taken. We have often observed the strong feelings that accompany a forced sale, which is what an eminent domain proceeding essentially is in its basic form. In Great Britain, the procedure is referred to as "compulsory purchase." Here, it is condemnation for a public purpose.
By M. Robert Goldstein And Michael Rikon
11 minute read
April 23, 2002 | New York Law Journal
Condemnation and Tax CertiorariJ uSTICE MARTIN Schoenfeld, newly sitting in the Condemnation Proceedings Part in New York County, has rendered an extensively researched opinion in a taxpayers` action brought pursuant to General Municipal Law �51. The decision is reported in The New York Law Journal of April 4, 2002, at page 19 under IA Part 28 ( West 41st Street Realty LLC vs. the City of New York ). The basis of the action by some of the property owners affected by the proposed condemnation for Site 8 in the 42nd Street Project was that
By M. Robert Goldstein And Michael Rikon
10 minute read
August 22, 2007 | New York Law Journal
Condemnation and Tax CertiorariM. Robert Goldstein and Michael Rikon, partners of Goldstein, Goldstein, Rikon & Gottlieb, analyze the latest decision in a long-running litigation brought by a former property owner opposing a condemnation by the Vllage of Port Chester.
By M. Robert Goldstein and Michael Rikon
11 minute read
September 11, 2006 | New York Law Journal
Condemnation and Tax CertiorariM. Robert Goldstein and Michael Rikon, partners of Goldstein, Goldstein, Rikon & Gottlieb, write that for the past year or more a series of interesting and well-researched decisions have come down out of the Ninth Judicial District.
By M. Robert Goldstein and Michael Rikon
9 minute read
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