ROSENBERG & ESTIS, P.C. SECURES SUBSTANTIAL CONDEMNATION AWARD FOR OWNER OF PROPERTY ON ELEVENTH AVENUE AFFECTED BY THE NO. 7 LINE SUBWAY EXTENSION Rosenberg & Estis, P.C. | New York

ROSENBERG & ESTIS, P.C. SECURES SUBSTANTIAL CONDEMNATION AWARD FOR OWNER OF PROPERTY ON ELEVENTH AVENUE AFFECTED BY THE NO. 7 LINE SUBWAY EXTENSION Rosenberg & Estis, P.C. | New York.

ROSENBERG & ESTIS, P.C. SECURES SUBSTANTIAL CONDEMNATION AWARD FOR OWNER OF PROPERTY ON ELEVENTH AVENUE AFFECTED BY THE NO. 7 LINE SUBWAY EXTENSION

The case presented unique issues in Condemnation Law insofar as the City claimed that the permanent easement and the construction of the vent building on the property actually made the property more valuable by several million dollars. The City justified this finding by arguing that the owner would save millions in construction costs for the foundation as a result of the City's construction of the vent building.

Given the unique condemnation issues presented, and the lack of reported case law involving permanent easements and subway vent buildings, it was necessary for Rosenberg & Estis to thoroughly research the valuation and appraisal issues presented, and to work closely with the owner's appraiser in the preparation of a rebuttal appraisal report in response to the City's negative valuation. Ultimately, through perseverance, a substantial amount of "new money" above the advance payment was obtained, and the City agreed to consent to any proposed modifications of the easement agreement that would ultimately be agreed to between the owner and the MTA in discussions that were pending.