NYSBA Publishes Book on Eminent Domain Procedures: The Empire Journal, 10/6/05

The power of the government to acquire the title to private property for public use by condemning it through eminent domain has seemingly grown over the past few years. The impact that eminent domain can have on a community was highlighted in the recent, much-publicized Kelo v. City of New London decision by the U.S. Supreme Court. A new book published by the [New York State Bar] Association [NYSBA] proves a valuable guide through the eminent domain landscape.

Jon N. Santemma of Garden City (Jaspan Schlesinger Hoffman LLP) edited “Condemnation Law and Procedures in New York.” Santemma is the partner-in-charge of the firm’s Tax Certiorari and Condemnation Law Practice Group. Experienced practitioners of condemnation law fill the 450-page book with a thorough analysis of eminent domain law in New York and provide advice and analysis of legal principles.

In the foreword to the book, Santemma notes that publication was held until the Supreme Court had issued its decision in Kelo. “ The Kelo case is an example of the issues that arise in this intriguing field of condemnation law,” wrote Santemma.

“Condemnation Law” includes comprehensive coverage of just compensation, valuation concepts, partial takings, contaminated properties and environmental claims. It also provides methods for seeking judicial review.

“The field of eminent domain is fascinating in its breadth of scope, the simplicity of its raison d’etre, ‘just compensation’ and the complexity of achieving an approximation of compensation that is truly just,” wrote Court of Claims Judge Frank S. Rosetti of Mineola, an acting state Supreme Court Justice in the 8th Judicial District, in the book’s preface. Judge Rosetti died on May 1.

The book was sponsored by the Condemnation and Real Estate Tax Certiorari Committee of the Real Property Law Section. Cost of the book is $65 for NYSBA members; $75 for non-members. To order, call (800) 582-2452 or FAX 518/487-5618. The book also can be obtained online at www.nysba.org.

The Real Property Law Section is one of 23 sections of the NYSBA. These groups publish material dealing with their fields of expertise, much of which is not available through commercial publishers. Sections also sponsor conferences, seminars and institutes, monitor legislation and conduct studies. Each of the sections contributes to policy-making, both in their subject areas and Association-wide. They originate many of the recommendations that become NYSBA policy positions and act as checks and balances of other entities.

The Empire Journal: www.theempirejournal.com