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Condemnation, Certiorari, and Real Property Taxation Archives

August 24, 2007

NYC Income and Expense Statements

New York City's Department of Finance has posted the following notice to its Web Site, at http://nyc.gov/html/dof/html/jump/rpie.shtml:

"The Real Property Income and Expense (RPIE) filing deadline has been extended to Friday, September 28, 2007. In addition, you are no longer required to mail the RPIE certification. Instead, you will be required to sign the RPIE electronically. You will be able to print a copy of the filed RPIE for your records. Finally, you are no longer required to submit a copy of your rent roll".

April 14, 2008

Eminent Domain

Property owners whose homes and businesses in downtown Brooklyn are to be condemned to enable the construction of the Atlantic Yards Arena and Redevelopment Project claimed that the taking would violate the Public Use Clause of the Fifth Amendment to the United States Constitution, under which "private property [shall not] be taken for public use, without just compensation". They alleged that the public uses advanced for the Project were pretexts for a private taking. The Second Circuit Court of Appeals has affirmed the District Court for the Eastern District of New York's Order dismissing the complaint. According to the Appellate Court, "the Project bears at least a rational relationship to well established categories of public uses, among them the redress of blight, the creation of affordable housing, the creation of a public open space, and various mass-transit improvements". The Supreme Court's decision in Kelo v. City of New London (545 U.S. 469) does not "require federal courts in all cases to give close scrutiny to the mechanics of a taking rationally related to a classic public use as a means to gauge the purity of the motives of the various governmental officials who approved it". Goldstein v. Pataki, decided February 1, 2008, is reported at 2008 WL 269100.


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