Eminent Domain/Condemnation

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NY Real Estate Commercial Transactions: Eminent Domain and Condemnation

 

Pen & Paper
Eminent domain—also known as condemnation—is the government’s power to take private property for public use, provided that just compensation is paid. In New York, condemnation proceedings often arise in the context of public infrastructure projects, urban redevelopment, and transit expansions, where commercial real estate is targeted for acquisition.

Key Issues in Eminent Domain and Condemnation Litigation

For property owners, developers, landlords, and commercial tenants, condemnation can lead to the loss of valuable assets, disruption of business operations, and significant financial impact. Navigating the process requires experienced legal counsel to challenge improper takings and ensure fair compensation.

Key issues in eminent domain and condemnation litigation include:

  • Public Purpose and Necessity: Challenging whether the government’s intended use of the property meets the legal standards for a public purpose or necessity.
  • Valuation Disputes: Litigating the “just compensation” amount, including market value, highest and best use, and severance damages for the remaining property.
  • Fixtures and Improvements: Seeking compensation for the value of fixtures, property improvements, and the loss of business goodwill.
  • Partial Takings: Managing disputes involving the acquisition of only a portion of a property and the resulting impact on the remainder’s utility and value.
  • Leasehold Interests: Protecting the rights of commercial tenants and ensuring their interests are accounted for in condemned properties.
  • Relocation and Temporary Use: Negotiating relocation assistance, moving expenses, and agreements for the government’s temporary use of the site.
  • Inverse Condemnation: Pursuing claims where a de facto taking occurs through regulatory action or physical interference without a formal condemnation process.

The valuation process is often contentious, requiring expert appraisals, zoning analysis, and detailed financial modeling to accurately assess the property’s pre-taking value and the owner’s loss as a result. In complex commercial cases, courts may also evaluate lost development potential or income-generating capacity.

Contact a New York Commercial Real Estate Litigation Lawyer

At Schwartz, Conroy & Hack, PC, we represent property owners, developers, business operators, and investors affected by condemnation proceedings. We challenge improper government action, assert constitutional protections, and fight for full and fair compensation under New York’s Eminent Domain Procedure Law (EDPL) and applicable federal standards.

If your commercial property is threatened or affected by condemnation, our team is prepared to protect your rights and pursue the maximum compensation you are entitled to under the law.

CONTACT US

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