In the typical takings case, government files a petition of condemnation. The former owner files a claim and the matter proceeds for a determination of just compensation pursuant to Article 5 of New York’s Eminent Domain Procedure Law.
But what about regulations, restrictions or other actions by a government entity with the power of eminent domain which are designed to earmark or restrict property in a way that works to reduce the property’s fair market value? The more difficult question is, does this result in a de facto taking?
‘Teitelbaum’ and ‘Clement Co.’
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