New York Eminent Domain Attorneys

It is our pledge that we will provide a free case review for any individual or business facing eminent domain or condemnation.

At Sever Walker Padgitt, we work exclusively for LANDOWNERS. With offices in Georgia, Indiana, Illinois, North Carolina, Ohio and Texas, we have a NATIONAL reach and have represented clients in over a DOZEN different states.

Our mission is to hold condemnors, whether they be State, Federal, Local, Utility or University, accountable to the landowners whose land they are acquiring. Our entire firm is built around serving you, the landowner who is facing eminent domain or condemnation.

Case Results

State: Indiana (Marion County)

Case Type: Road projects

Initial Offer: $46,160

Sever Walker Padgitt Result:

$2,400,000

State: Indiana (Johnson County)

Case Type: Road projects

Initial Offer: $301,200

Sever Walker Padgitt Result:

$3,800,000

State: Indiana (Vigo County)

Case Type: Road projects

Initial Offer: $1,186,000

Sever Walker Padgitt Result:

$4,475,000

State: Indiana (Hamilton County)

Case Type: Road projects

Initial Offer: $79,200

Sever Walker Padgitt Result:

$3,000,000

State: Georgia (Union County)

Case Type: Road projects

Initial Offer: $454,250

Sever Walker Padgitt Result:

$1,500,000

State: Illinois, Sangamon County

Case Type: Road projects

Initial Offer: $125,600

Sever Walker Padgitt Result:

$1,191,950

What Is Eminent Domain Law in New York?

In New York, eminent domain refers to the government’s power to take your property. When the government exercises this power, it is called a condemnation.

The Fifth Amendment of the US Constitution establishes that eminent domain must be for a “public use”. Public use has traditionally been interpreted to mean public projects like roads and bridges. However, the 2005 US Supreme Court decision in the Kelo v. New London case broadened public use to include private economic development.

This expansion has had more impact in some states and cities than others, depending on how local governments view the advantages of commercialization and development. New York has been known to take advantage of lucrative opportunities this ruling permits, and legal challenges in New York have strongly favored condemnors.

The Condemnation Litigation Process in New York

New York has a unique eminent domain process compared to some states. This includes:

  • A public hearing: The condemnor holds a hearing near the property location and informs the public about the public project that will use the property taken.
  • Publishing the intent to acquire the property: The condemnor must publish its decision to acquire the property within 90 days of the hearing.
  • A preliminary purchase offer: The condemnor makes an initial purchase offer to the property owner.
  • A right of access: The condemnor is permitted to access the property.
  • Filing an acquisition map: The condemnor files this to obtain the title to the property.
  • A claim for additional compensation: Property owners can file a claim for compensation beyond the initial offer.
  • A non-jury trial: Just compensation for an owner’s property is decided in a non-jury trial before a Supreme Court Justice. If the state takes the property, a non-jury trial is required before a Court of Claims Judge.
  • Filing a condemnation claim: If the state takes the property, the former owner can file a claim in the Court of Claims within three years. If the property is taken by a condemnor other than the state, the claim has to be filed in the Supreme Court, and the court determines the time period required to file.
  • Petitioning a condemnation: A condemnor files a petition to condemn in the Supreme Court in the property’s location. A Notice of Pendency is filed with the county. All parties are notified, and the condemnation is most commonly granted.

If a New York property owner wishes to challenge a condemnation, they can file a petition within 30 days of the publication of a decision to condemn their property. They are allowed to challenge eminent domain based on whether it:

  • Is constitutional
  • Follows legal guidelines
  • Serves as a public use or benefit according to New York law

Fair Market Value

Fair market value (FMV) is the price a property would sell for on the open market if a willing buyer and seller were not forced to buy or sell, respectively. It’s the basis for calculating just compensation when a government or entity uses eminent domain to take private property for public use.

Just Compensation

New York condemnors are required to pay property owners “just compensation” for their property that is taken under eminent domain.

Just compensation in New York is determined based on the FMV on the date a property is taken under eminent domain. The property owner can appraise their property based on the highest offer price of the “best use” of the property. “Highest and Best Use” theory ensures just compensation is based on the highest value a willing seller could reasonably expect. If the FMV and just compensation cannot be agreed upon, litigation of the case will involve appraisers and other experts providing testimony.

Uniquely in New York, just compensation is ultimately decided by a non-jury judge in the Supreme Court or a Court of Claims. If the municipality offers compensation significantly different from what the court awards, it is possible the property owner may recover legal fees from the condemnor, but it is not guaranteed.

Suppose the order or award in a New York eminent domain case substantially exceeds the condemnor’s proof. In that case, the court may award an additional amount to cover court costs and other expenses.

What Should Landowners Do After Receiving an Eminent Domain Notice in New York?

Getting notice of eminent domain in New York can be terrifying. You may be caught off guard and feel you have nowhere to turn for help. At this point, it’s crucial to turn to the experts so you can take quick action and ensure the best possible outcome in your case.

Frequently Asked Questions

Keep in mind that the government must adhere to specific laws when it comes to eminent domain in New York. Your attorney knows the nuances of these laws and will use them in your favor if the government makes any missteps. Federal law requires the government to:

  • Notify you of condemnation
  • Have a justified reason for taking the land
  • Provide just compensation
  • Negotiate the initial offer (if the landowner chooses to do so)
  • Place a deposit with the court before entering the property

The timeline of eminent domain cases in New York varies greatly. Some may be quickly resolved, while others could drag on for years.

The duration can depend on the type of land being seized, the reason for taking the land, and how the landowner responds to the initial offer. When a case requires litigation, or other factors are involved, these details can prolong the duration of the eminent domain case.

Unfortunately, most eminent domain cannot be stopped, although it is not impossible. Stopping eminent domain requires an experienced eminent domain attorney in New York who can prove the government did not follow the law in some respect to eminent domain. However, in most cases, an attorney will focus on helping the landowner gain greater compensation.

Condemnors can exercise eminent domain in New York City and all other cities, towns, and villages based on the 5th Amendment to the Constitution, the New York State Constitution, and municipal, town, and village laws.

Utilities and Industrial Development Agencies can also condemn property within their jurisdictions. The New York State Urban Development Corporation, for instance, frequently exercises this power. Want to receive a free case review and consultation? Contact our office today.

A public purpose refers to the way property is intended to be used when taken under eminent domain. It is historically for public use like roads and bridges, and can include everything from fire stations to schools, utilities or parks. Learn about eminent domain projects near you.

Under New York’s interpretation of the law, public purpose can include the allowance of taking private property for profitable ventures and incidental public benefits. If you’re facing an eminent domain claim you believe isn’t covered by New York’s eminent domain laws, contact an eminent domain lawyer in New York to learn what you can do.

Yes. New York law allows a property owner to receive reimbursement of their legal fees and other costs if the amount the court award is significantly more than the condemnor’s offer. Determining what constitutes a significant amount is debatable but is often considered 35% higher than an offer.

Sever Walker Padgitt provides free case reviews for those facing condemnation. To learn more, schedule some time to consult with one of our lawyers.

Under New York law, abandonment occurs when a property is no longer needed for its purpose under eminent domain. If the government abandons their condemnation, you may be entitled to attorney’s fees, costs, and just compensation for temporary occupancy.

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At Sever Walker Padgitt, we pride ourselves on the expertise and dedication of our team. Get to know the faces behind the firm and discover the depth of knowledge and commitment that drives us to achieve the best possible outcomes for you.

Contact Us

Before going alone against the State let us give you our opinion. It is our pledge that we will provide a free case review for any individual or business facing eminent domain or condemnation. Contact us now at 888-318-3761

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