Category: Eminent domain

We will fight them on the beaches: Part 2, Spread the nets on the adjacent sands

30 June, 2015 (10:00) | Accessibility, Beaches, Easement, East Hampton, Eminent domain, Homeowners associations, Homeownership, New York, Private property, Public property, State law, Title, Title registry, Tragedy of the commons | No comments

[Continued from yesterday’s Part 1.] By: David A. Smith Such is the nature of land title that words written long ago can have enduring meaning,) – and as we saw in Part 1 of this post, about a stretch of photogenic beach in East Hampton/ Montauk, New York, such is the nature of America that […]

We will fight them on the beaches: Part 1, To the high-tide line

29 June, 2015 (10:00) | Accessibility, Beaches, Easement, East Hampton, Eminent domain, Homeowners associations, Homeownership, New York, Private property, Public property, State law, Title, Title registry, Tragedy of the commons | No comments

By: David A. Smith An immense amount of human history can be explained by a geometric fact: a two-dimensional space can be blocked by a one-dimensional barrier.  Gateway to litigation: Looking east from Napeague Lane Castles have walls: One does not simply walk into Beaumaris Pies have tin: Rivers have dams that make lakes: Borders […]

Month in Review, December 2014: Part 3, The right to be wrong

9 February, 2015 (10:00) | Affordability, Bankruptcy, Casinos, Cemetery, Cities, Detroit, Development, Eminent domain, Environmental, Eurozone, Land use, Mitchell-Lama, New York City, Privatization, Switzerland, US News, Vermont, Zoning |

By: David A. Smith [Continued from Friday’s Part 2 and the preceding Part 1.] Though a cemetery, as profiled in yesterday’s summary of December, is real estate used by and for the dead, and before there is a cemetery, there can also be a property that is used by no one, because those who would have […]

Month in Review, December 2014: Part 2, Tell it to the woodchucks

6 February, 2015 (10:00) | Affordability, Bankruptcy, Casinos, Cemetery, Cities, Detroit, Development, Eminent domain, Environmental, Eurozone, Land use, Mitchell-Lama, New York City, Privatization, Switzerland, US News, Vermont, Zoning |

By: David A. Smith [Continued from Wednesday’s Part 1.] So substantive was December’s eleven-part post on the pending privatization (resident right-to-buy action) of Southbridge Towers that not only did it take up half the month’s posting, my excerpted month-in-review summary spilled over from Wednesday’s Part 1, as in four more parts I brought the story up to […]

Month in Review, December 2014: Part 1, Hit pause on reality

4 February, 2015 (10:00) | Affordability, Bankruptcy, Casinos, Cemetery, Cities, Co-ops, Detroit, Development, Eminent domain, Environmental, Eurozone, Land use, Mitchell-Lama, New York, Privatization, Switzerland, US News, Vermont, Zoning |

By: David A. Smith Compared with all the generations that came before us, we today live in a world of unprecedented rate of change, both in dimensions – technology, medicine/ biology, war/conflict, and human society/ moral values – and in speed.  To survive and orient within this continuous shock of the new, we have learned […]