Michael Rikon A Recent Fix for Advance Payments and for Sandbagging
In this column on Condemnation and Tax Certiorari, Michael Rikon and Jonathan Houghton discuss the recent decision in 'Staten Island Land Corp.' which has done much to fix some of the problems with advance payments and sandbagging therein.
October 26, 2020 at 01:30 PM
8 minute read
In the context of eminent domain, New York is a quick-take state. That means that the government can take title before it has paid for the property that it has taken. Often it is years before a court makes the final determination of just compensation. As a way to help soften the impact, the condemning authority is supposed to prepare an appraisal report as soon as practicable and then pay to the owner 100% of its highest approved appraisal. This "advance payment" functions as a band-aid until the court determines just compensation. It helps the owner purchase replacement property, bear the expenses associated with the forced loss of its property and otherwise ameliorate the effects of eminent domain.
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