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Determining whether or not a government regulation constitutes a “taking” for the purposes of the Fifth Amendment can be a complex endeavor. The recent Second Department decision of Matter of New Creek Bluebelt, Phase 3 (Baycrest Manor Inc.), ___ A.D.3d ____, 2017 N.Y. App. Div. LEXIS 8042, (Nov. 15, 2017), provides some guidance on three important regulatory takings issues.
By Deborah E. Riegel
When developers convert occupied buildings to condominiums or, less frequently, cooperative ownership, non-purchasing tenants are protected from eviction. When tenants in those buildings acquire vested rights as non-purchasing tenants is significant for developers, because the timing dictates the number of units that will be available for sale to outside purchasers. It is, therefore, no surprise that this is a highly charged and contested issue.
Cemetery Entitled to Use Variance
ZBA Usurpation of Planning Board Authority
Statutory Factors Need to Be Considered In Denial of Area Variance
Condemnation Award Reduced
Title Insurance Inducements
Purchaser’s Willful Default/Down Payment
Tortious Interference Claim Reinstated