Jennifer Polovetsky, Esq., Counsel

Herrick represented 150 D&A Co. of Nassau Inc. when their property was seized by the New York State Department of Transportation and the MTA by way of eminent domain in the LIRR Third Track Project. Formally known as the LIRR Expansion, the project’s goal was to construct a 10-mile long third track on the Long Island Railroad Mainline. The project included the elimination of eight street-level crossings along the LIRR Main Line, to be replaced by grade crossings with newly constructed bridges that hold three tracks, and a two-lane underpass for vehicular traffic that also included a pedestrian sidewalk. Herrick advocated for additional compensation for these property owners in the New York State Court of Claims and obtained a settlement of close to six times the amount of the initial payment made to its client for the loss of its property (a 600 percent increase in the eminent domain award).

Herrick is representing owners whose properties will be seized by eminent domain in connection with the downtown Brewster redevelopment plan. The Brewster redevelopment project consists of the revitalization of the blighted area situated in downtown Brewster, Putnam County, NY. Herrick’s clients are being asked to sell their properties to the developer for this project under threat of eminent domain. We represent both owners and commercial tenants (who have their own claims for compensation, separate from their landlords) in all aspects of negotiation with the Village of Brewster and the developer, whether it be a sale in lieu of condemnation or a claim for additional compensation in eminent domain litigation.

Herrick is currently representing a major utility in connection with its acquisition of property via eminent domain in Brooklyn. Herrick has handled this proceeding from its inception, including owner and tenant outreach, conducting the public hearing, appraisal review and valuation, and the commencement of eminent domain proceedings under Article 2 of the Eminent Domain Procedure Law.