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Environmental Energy & Natural Resources Real Estate Real Property Tax & Condemnation Litigation Business Government Relations |
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 Eminent Domain Gilberti Stinziano Heintz & Smith, P.C. has one of the largest eminent domain practices in New York State, created by one of the firm's founding members, who chaired the Commission that authored the existing Eminent Domain Procedure Law (EDPL). We are regularly involved in acquisition of fee and lesser interests by state and local governments, public authorities and industrial development agencies. Our eminent domain practice extends throughout New York State and into adjoining states. Our representation includes ensuring compliance with all requirements of the EDPL and SEQRA, negotiating with property owners, litigating in valuation proceedings and defending the right to take and SEQRA issues in EDPL Article 2 proceedings. We also handle all types of litigation involving real estate valuation and are known in the field as one of the most active firms representing property owners in governmental takings. Gilberti Stinziano Heintz & Smith, P.C. has recovered substantial awards of damages in condemnation matters for hundreds of clients throughout New York State and surrounding areas. These cases frequently involve complex public purpose, valuation, site selection and environmental issues. The firm has extensive experience with joint public/private development projects that have been made possible by the innovative use of eminent domain powers, complex financing structures, tax exemptions, payment-in-lieu-of-taxes (PILOT) agreements and community benefit programs. We assist municipalities, industrial development agencies and other condemning authorities in their acquisition of property for the siting of public facilities, redevelopment of blighted areas and other public projects. We also help protect property owners from acquisition by condemning authorities by challenging the assertion of a proper public purpose, non-compliance with constitutional and procedural requirements and the adequacy of environmental review. Our representation includes insuring compliance with all requirements of state procedural condemnation requirements and environmental review requirements, negotiating with property owners and condemning authorities, litigating in valuation proceedings, and litigating right to take, environmental and procedural issues.
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Environmental