Monday, 11 February 2013 00:00
By Jon Kusler, Esq., – Association of State Wetland Managers – December 2012
On December 4, 2012 the U.S. Supreme Court issued a unanimous decision with impact on how government agencies at all levels of government will need to address flooding. See Arkansas Game & Fish Commission v. United States, U.S., No. 11-597, reversed and remanded 12/4/12. The Court held that government flooding of lands need not be permanent to be a Fifth Amendment “taking” of property without payment of just compensation. Governments have long been held liable for long duration and/or repeated flooding under certain circumstances. So, the decision is to a considerable extent consistent with existing law. But the ruling of the case is not necessarily confined to long duration or repeated flooding. To read full paper, click here.
Tuesday, 29 May 2012 17:43
By Patricia Salkin – Commercial Appraiser – May 20, 2012
The plaintiff in the case owns property in the town of Brookhaven on which he has a house, a pool, and various other buildings. The plaintiff sought approval from the town to construct three new structures, to legalize a few structures already built, and to perform an expansion of his house. After hearings and testimony, the town granted plaintiff’s application, subject, however, to the issuance of a wetlands permit. Seeking to set aside the approval, plaintiff’s neighbors filed an Article 78 petition in the state trial court, which was largely denied. On appeal, the appellate court reversed and vacated the variances. Meanwhile, the plaintiff’s wetlands permits were suspended during the initial action but were ultimately issued before the Appellate Division’s decision. The permits were issued with conditions, however, many of which would decrease the value of the property. For full blog post, click here.