Herrick Achieves Award of Nearly Six Times Initial Offer for Eminent Domain Client

August 29, 2022 – Press Release
Herrick, Feinstein LLP

Herrick is pleased to share a recent significant eminent domain award on behalf of client and property owner, 150 D&A Co. of Nassau Inc. Jennifer Polovetsky was lead counsel on the matter.

In 2019, Herrick’s client had a portion of its property seized by the New York State Department of Transportation ("DOT"), on behalf of the Metropolitan Transit Authority ("MTA"), by way of eminent domain. The property was seized to make way for the Long Island Railroad (the "LIRR") Third Track Expansion Project (the "Third Track Project"). The client lost development potential on its property due to the partial taking, and one of the two access points to the property was permanently closed off. 

Formally known as the LIRR Expansion, the goal of the Third Track project is to construct a 10-mile long third track on the Long Island Railroad Mainline. The project includes the elimination of eight street-level crossings along the LIRR Main Line, to be replaced by grade crossings with newly constructed bridges that will hold three tracks, and a two-lane underpass for vehicular traffic that also includes a pedestrian sidewalk.

On November 18, 2019, Herrick’s Eminent Domain Group filed a claim for just compensation on behalf of its client in the New York State Court of Claims, under Claim No. 133984, against the DOT. The DOT then transferred the claim to the MTA for defense and payment. After years of intense negotiations and pre-trial court conferences with the MTA, the Herrick team was able to obtain a settlement of more than 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).

"We are pleased that we were able to obtain a favorable settlement for our client, who lost significant development potential as a result of the seizure of his property by the MTA. Although we agree that the LIRR Third Track project is an important step forward towards transit-oriented development on Long Island, property owners who lose all or a portion of their properties to the government through eminent domain seizures must be compensated fairly," said Jennifer Polovetsky. She added, "Today we are proud to announce that we did, indeed, obtain just compensation for our client."

Herrick is proud to have represented 150 D&A Co. of Nassau Inc. to achieve this significant victory.

About Herrick’s Eminent Domain Group

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. 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.