Scott Mollen Realty Law Digest
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Staten Island Land Corp. v. NYC," where the court held, pursuant to EDPL, the condemnee must repay the difference between the final award and the advance payment.
September 08, 2020 at 02:39 PM
18 minute read
Condemnation—Condemnee Must Repay Difference Between Final Award and Advance Payment It Received—Although Various Sections of EDPL Article 3 Work at "Cross Purposes," Conflicts "Must Be Resolved by the Legislature"—Legislature Tied Allowing Condemnor To Recoup Part of Advance Payment That Exceeded Final Award To Limiting Condemnor's Ability To Revise Appraisal Only To Correct for Errors or Miscalculations—Interest
A condemnor, City of New York (city) moved pursuant to Eminent Domain Procedure Law (EDPL) Section 304(H) (§304H) for a judgment awarding the city the difference "between the advanced payment made to the Claimant and the final value of the property determined by the Appellate Division."
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