Property

We represent public entities of all types in connection with the acquisition of private property for public purposes and have significant experience representing condemners in proceedings initiated under the Eminent Domain Proceedings Law. We have represented both governmental entities and utilities that have condemnation authority.

The attorneys who handle these proceedings ensure that the process meets all the requirements of the Eminent Domain Proceedings Law, including compliance with SEQRA. Our extensive experience includes counseling utilities, IDAs, public authorities, municipalities and school districts on issues relating to the acquisition of private property pursuant to the Eminent Domain Proceedings Law. We have successfully acted as condemner’s counsel in the planning, negotiation, “voluntary” acquisition, and litigation phases of public projects that required the acquisition of property interests for a variety of major projects including the development of regional transportation centers, industrial parks, natural gas and electric transmission lines and underground storage caverns. We are also experienced in negotiations among affected parties to resolve issues prior to litigation whenever possible. We have specific experience advising clients that receive federal funds with respect to the requirements of the Uniform Relocation Act.

We also have significant experience with the valuation process required to provide just compensation. Our attorneys work closely with appraisers to arrive at appropriate values for the acquisition, whether for purposes of negotiation or for trial.  In addition to understanding the methodologies used to determine the fair market value of real property, we understand the complex issues associated with claims for consequential damages.

We routinely provide legal services to municipal and other clients in connection with zoning applications, site plan applications, subdivision, special permits, exclusionary zoning, moratoria, conditions and exactions, and development fees.  We are familiar with the New York State Building and Fire Codes and advise our clients as necessary to ensure compliance with Code requirements. Our attorneys have counseled clients on numerous projects involving extensive permitting requirements, developing legal strategies to minimize potential litigation, advocating client positions before regulatory agencies, host municipalities and citizens groups, and negotiating permit conditions and stipulations.

We are also well versed in subdivision applications, subdivision approvals, local legislation, variances, special use permits and other zoning related matters.  Our attorneys frequently attend public hearings on various subjects and represent clients in related court proceedings.  Our work has also involved land use planning, advisement as to the constitutionality of land use controls and the creation of special districts.