Herrick’s Eminent Domain Group offers clients decades of experience advocating on behalf of property owners, developers and commercial tenants. We regularly obtain eminent domain awards in excess of the government’s initial offer. We handle matters throughout New York City and across New York State. Our primary focus is to ensure owners and tenants are receiving the just compensation they are entitled to under the law.

Herrick guides clients through the complex process of the government’s acquisition of property by eminent domain, including the public hearing process, court proceedings and any related negotiations. We have significant experience in helping clients obtain fair market value for their properties (as well as compensation for their trade fixtures) in eminent domain proceedings. Both land owners and tenants can benefit from the practice and skillset of our experienced team.

Skilled with both pre-taking and post-taking settlement negotiations, the Herrick team works closely with clients in matters involving valuation of property and trade fixtures impacted by eminent domain, including efforts to avoid litigating valuation disputes and reach agreements where feasible. If litigation is unavoidable, our team is highly experienced in litigating eminent domain takings in New York State Courts, at both the lower court and appellate division levels.

The Eminent Domain Group is able to draw on the knowledge and experience of Herrick’s 65+ person Real Estate Department. Our team brings together one of the largest most sophisticated real estate practices in New York City in collaboration with our vast experience in construction, development, land use and zoning, tax and real estate litigation. Our litigators have decades of experience handling a wide range of real estate deals and disputes throughout New York State and the Metro Area. Because of our multidisciplinary approach, we are extremely well suited to partner with clients through large development projects that present complex or challenging valuation issues related to eminent domain.

Areas of Focus

  • Temporary and permanent easements
  • Partial takings
  • Full fee interests
  • Creation of affordable housing
  • Fee and easement interests in volumes of space above and below grade
  • Pre and Post condemnation services
  • Constitutionality of state and federal laws effecting condemnation
  • Acquiring real property interests through negotiation
  • Proactive monitoring of the regulatory framework
  • Sales in lieu of condemnation (under threat of eminent domain)

Services

  • Eminent Domain and Condemnation
  • Real Estate
  • Construction and Development
  • Land Use and Zoning
  • Tax
  • Litigation and Arbitration
  • Government Relations