Condemnation Law And Procedures In New York
- Jon N. Santemma, Esq.
Contents at a Glance
“Public Use”—An Ever-Evolving Concept / Challenges to Condemnations Under EDPL § 207 / The Acquisition of Property in Non-State Takings / The Appropriation of Real Property by the State of New York / How and Who Gets the Money? Resolving the Standing and Title Disputes / Title Objections in Condemnation Takings by the City of New York / Valuation Concepts in Eminent Domain / “What’s It Worth—Who Wants to Know?”— the Valuation of Real Property in Litigation / Highest and Best Use Defined and Applied / Partial Takings / Law of Trade Fixtures / Three Dimensions of Viewpoint / The Trial of a Non-Jury Condemnation Case / The Use of Prior Appraisals in Condemnation and Tax Certiorari Cases / Letting the Air Out of the Condemnor Proving Damages from the Taking of an Airspace Easement / Valuing Contaminated Property in a Condemnation Proceeding / Environmental Claims / The Problem of “Just Compensation” in the Condemnation of “Public Use” Property / Interest on Condemnation Awards in New York / Recovery of Condemnee’s Expenses Pursuant to EDPL § 701 / Awarding Compensation for “Going Concern Value” in Eminent Domain Proceedings / Abandonment of a Project and/or a Taking
Written by experienced practitioners, this title offers invaluable guidance in resolving issues arising during an eminent domain proceeding and includes comprehensive coverage of just compensation, valuation concepts, and partial takings.
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- December 30, 2005
- 450 pages