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When a landowner contends that government action has effected a taking of her property without just compensation in violation of the Fifth Amendment to the U.S. Constitution, where can she sue? Until this past June, when the U.S. Supreme Court decided Knick v. Township of Scott, 139 S. Ct. 2162 (June 2019), the answer was clear: state court and only state court. Knick changed all that. The Court overruled Williamson County v. Hamilton Bank, 473 U. S. 172 and held that a landowner who claimed to have suffered a taking at the hands of state or local officials could seek redress in federal court without the need to first seek compensation through state proceedings. The Court’s holding may channel more takings cases into federal courts, but leaves those courts with some unresolved questions.
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By Paul D. Selver and James P. Power
In Committee for Environmentally Sound Development (“CESD”) v. Amsterdam Ave. Redevelopment Associates LLC, the Appellate Division, First Department, overturned a Supreme Court decision that would have required partial demolition of a nearly completed 55-story building at 200 Amsterdam Avenue.
By NYRE Staff
Easement By Necessity Claim Fails for Inadequate Proof of Unity of Title At Severance
No Specific Performance When Purchaser Failed to Elect Contract Remedies
Subdivision of Dominant Parcel Did Not Terminate Easement
Judgment Creditor Not Entitled to Compel Sale of Tenancy By the Entirety Property
Questions of Fact Preclude Summary Judgment on Specific Performance Claim
Town Had No Authority to Issue Parking Permits on Land of Waterfront Owners
Occupation By Family Member of Corporate Principal Does Not Terminate Unsold Share Status
Abandonment of Easement By Condominium Unit Owner
Condominium Unit Owner Entitled to Damages for Board’s Failure to Approve Transfer
By NYRE Staff
HSTPA Did Not Apply Retroactively to Personal Use Petition