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    Owner can sue for damages

    City of New York  •  Dongan Hills, Staten Island

    City failed to make advance payment to owner after taking property, but continued to charge interest on tax liens. The City acquired title to property through eminent domain for the New Creek Bluebelt project in Staten Island. Because the City did not issue an advance payment to the owner at the time of the taking, it began to pay out six percent interest on the advance payment. The City, meanwhile, continued to charge the owner 18 percent interest on outstanding tax liens associated with the property. The owner filed a motion, seeking an order that the City pay out 18 percent interest on the advance payment. The owner argued that the 12 percent increase was necessary in order to be fairly compensated for the taking. If the City would not issue the advance payment, the owner could at least collect enough interest on the advance payment to pay off the interest accruing from the tax liens and not lose money while waiting for the advance payment. (read more…)

    Tags : Eminent Domain, interest on tax liens, New Creek Bluebelt project, ustice Abraham G. Gerges
    Date:08/15/2009
    Category : Court Decisions
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