Boylan Brown has represented both municipalities and property owners in eminent domain proceedings since the firm’s inception. Members of the firm’s Environmental and Land Use practice group work with municipal clients to acquire property interests in compliance with New York’s Eminent Domain Procedure Law (“EDPL”) and to protect landowners from the statute’s misuse, ensuring adequate compensation is obtained when land is acquired.
We have extensive experience in prosecuting both the administrative and judicial aspects of the condemnation process. We recently represented the City of Niagara Falls in their acquisition of real property to construct a new downtown Courthouse. This involved very contentious litigation, which we ultimately were able to conclude with the City acquiring title to the property. Our attorneys ensure that the eminent domain actions undertaken by our public sector clients are “bullet-proof” to legal challenges to the greatest extent possible. For instance, in condemnation practice, all owners of a parcel set to be condemned are too frequently unable to be ascertained or located and it is essential that proper notice be provided to any potential owner to sustain a subsequent challenge to the taking. In 2002, when the owners could not be ascertained, we obtained an Order from the Livingston County Supreme Court in Livingston County Water and Sewer Authority v. Mills (Index number 627-2002) granting the Authority title to real property needed to complete a sewer system in the Town of Mt. Morris. All unknown heirs were made party to the action and the client’s interest was protected.
In another matter, in which the Town of Rush wished to avoid the commencement of litigation, our attorneys worked with the client to locate and obtain the consent of 34 individuals determined to have an interest in a parcel of real property the Town wished to acquire for a park.
Eminent domain matters are not complete when a condemnation order is obtained by the public entity. Landowners often seek additional damages for EDPL takings. Although these claims are commonly settled, we also have experience taking valuation trials to verdict. i.e., See, Lakeside Country Club of Penn Yan v. County of Yates (Index Number 95-163) and County of Yates v. Henderson, (Index Number 94-181). Our attorneys work closely with the appraisers throughout the eminent domain process to ensure that their appraisals comply with New York’s standards. As the municipalities’ advocate, we question all aspects of the appraisers’ conclusions to ensure they are well prepared for trial.
Condemnation work still does not end when a valuation trial is complete. Landowners will, on occasion, resist enforcement of the Court’s condemnation order. In one instance, for example, our attorneys involved local law enforcement officials to enforce a condemnation order to protect municipal workers from the threat of violence from the landowner. We were able to successfully resolve the matter.
Eminent Domain