Careful, That Eminent Domain Claim Is Constitutionally Protected
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.
June 25, 2018 at 02:45 PM
2 minute read
Regulatory Takings
Lingle v. Chevron U.S.A. United States v. CausbyDeprivation of All Economically Beneficial Use
Lucas v. South Carolina Coastal Council Lucas Penn Central Transportation Co. v. New York City Penn CentralLand Use Extractions
Nollan v. California Coastal Commission Nollan Dolan v. City of Tigard DolanDe Facto Taking
City of Buffalo v. J.W. Clement Company, de facto Id. de facto Id. Loretto v. Teleprompter Manhattan CATV Corp. Loretto Chase Manhattan Bank v. State of New York Matter of Mazur Bros. Realty v. State of New York Yaphank Dev. Co. v. County of SuffolkA condemnation proceeding is not a private litigation. There is a constitutional mandate upon the court to give just and fair compensation for any property taken. This means “just” to the claimant and “just” to the people who are required to pay for it. The rule is abundantly clear that property must be appraised at its highest and best use and paid for accordingly. Where we find it is not *** we must remit for retrial upon the proper theory (Micali Cadillac-Oldsmobile v State of New York [Reiss], 104 AD2d 477, 481 (2d Dept 184), quoting from Matter of County of Nassau 43 AD2d 45, 48 (2d Dept 1973).
Boddie v. Connecticut Yaphank Development Matter of Town of Guilderland Homer v. State of New York aff'd Michael Rikon is a partner of Goldstein, Rikon, Rikon & Houghton.This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
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