Tag Archives: abandoned

Property Taken by Eminent Domain Unused

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Photo by Marc A. Hermann / MTA New York City Transit

CBS2’s Mary Calvi, photo by Marc A. Hermann / MTA New York City Transit

I was interviewed by Mary Calvi on CBS New York in Man Wants Back Property NYC Took From His Family In 1967 (click here to watch the segment). The transcript of the segment reads, in part,

There is a property battle that has been brewing in the Bronx for some time.

A man is fighting to get back a piece of land that he claims belongs to his family.

He says the city took the land five decades ago saying it wants to extend a road, but all these years later nothing has changed, CBS2’s Mary Calvi reported Monday.

Fred Filomio fixes what’s broken on trucks in the Bronx. For decades, one problem has lingered, unfixed.

You see, back in 1967, when he was entering military service, the city of New York, using eminent domain, took part of his family’s property.

“When my uncle Freddie came back from World War II, they bought the whole block,” Filomio said.

A 13,000-square foot piece that sits up 22 feet above street level is a small part of a larger piece of property on Boston Road in the Bronx for his family’s trucking business. Back those 50 years ago, the city said it had to have the property in order to widen a street adjacent to it.

“They haven’t used one square foot of the property,” Filomio said, adding it looks the same as it did five decades ago.

In 50 years, the city has literally done nothing with the property. Filomio even uses it to park his trucks. His lawyer, Richard Apat, has filed suit.

“We feel showing number one it was an excess taking. Number two, it’s now being held as a proprietary. Number three, that we have been in possession we should get it back. But even with that, Fred is a reasonable person. If the city will talk to us and say let’s work something out, he’ll pay them some money, he’ll start paying taxes and that’s why I say I think it’s win-win,” Apat said.

The city responded to CBS2’s numerous requests for comment, with only the following from a spokesperson: “The property involved in this ongoing litigation is not subject to a claim of adverse possession, as a matter of law. We have no further comment while this litigation is pending.”

Professor David Reiss teaches students about eminent domain at Brooklyn Law School. He said he believes this one, like most others, is a difficult one to win.

“It looks like they have a tough row to hoe,” Reiss said. “Once the government takes ownership of the property, generally it’s theirs.”

Party at Your Place?

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photo by Devin Ewart

Realtor.com quoted me in Moved Out? Watch Out, Teens May Be Partying in Your Old Home. It opens,

Teenagers are always on the lookout for a house party—and there’s nothing better than a venue where it’s all but guaranteed that nobody’s parents will barge in and disrupt all their risky business: vacant homes!

That’s right, if you’ve moved out and planted a “for sale” sign on your lawn—or are waiting to move into a place under construction—it’s a sitting duck for young revelers to … revel in.

The latest victim of this fast-growing trend: a newly built home in El Dorado Hills, CA, where nearly 200 kids broke in and had a bacchanal before they were busted by the cops. According to the Sacramento Bee, most of the partygoers scattered to safety, but 14 were detained and cited for trespassing.

Sadly, by the time law enforcement arrived, the house had suffered enough damage to qualify as a felony. Cops noted numerous holes in walls, busted electronics, and other property devastation in the house (estimated to be worth around $500,000).

And this is hardly an isolated incident: Last month, a teen in nearby Ceres, CA, pulled up a “for sale” sign from the yard of an unoccupied house, then spread the word on social media to come on down—BYOB and BYOW (bring your own weed)—charging $10 a head for the 100 or so who showed up. The noise prompted neighbors to eventually call the cops, who suspect the “host” has made a habit of organizing fetes in abandoned homes.

All in all, such stories can haunt the dreams of homeowners who’ve moved out or are about to move in: Are hooligans holding beer pong tournaments in your abandoned (or soon to be occupied) living room every Saturday night? And if they do crack your granite countertops, who’s responsible for the damage?

The answer depends on your homeowner insurance, which rarely covers policyowners who aren’t living on the premises.

“Many homeowner policies won’t cover a home if it’s vacant,” warns David Reiss, research director at the Center for Urban Business Entrepreneurship at Brooklyn Law School. Funny right? But here’s the punch line: “Homeowners should also be concerned about injuries suffered by the teens. It is all too plausible that you will face a lawsuit if one of them gets hurt while partying at the house. This is true notwithstanding the fact that the teens had trespassed.”

In other words, if some drunk punk stumbles and falls off your balcony and lands on his noggin, it might be all on you.

Yet there are things you can do to head this problem off at the pass.

“Some insurance companies offer endorsements to your existing policy or altogether new insurance policies that cover vacant homes,” points out Reiss. “Some even offer special coverage for vandalism damages. It’s worth looking into them if your home will be vacant, even for a relatively short time.”

Reiss on Abandoned Homes

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Interest.com quoted me in How to Deal with An Abandoned Home. It reads in part,

5 places to look for help

An abandoned home in an otherwise thriving neighborhood can be an eyesore – or worse.

What happens if the lawn goes uncut for weeks or months? If a pipe bursts inside? If a squatter takes up residence?

This abandoned property can quickly move from nuisance to become a real hazard. And if you’re trying to sell your home, an empty property next door can scare away potential buyers, or lead to lower bids than if your neighbor maintained that property.

You don’t need to fight this battle alone, though.

There are resources available to help turn that property around, whether you just want to cut the lawn, or try to get it out of the hands of an owner who is trying to squeeze every dime out of the property, at the expense of your street. Here’s who to call in what situation.

*     *     *

Call the homeowner’s association

If you’re part of a homeowner’s association, it can help, too.

“HOAs have broad powers to enforce standards for homeowners,” says David Reiss, professor of law at the Brooklyn Law School in New York, where he teaches courses on real estate practice.

How much power they have depends on the HOA’s bylaws, rules and regulations, but HOAs can impose fines for non-compliance with standards laid out in those rules.

“Some might go further and allow and HOA to enter onto a property to conduct maintenance,” Reiss says, which can take care of immediate problems.

He warns, though, that an HOA should consult a lawyer before taking that step, not only to make sure what they’re doing is allowed according to its bylaws, but also because, even if the owner is delinquent on maintenance, they could still accuse the HOA of trespassing or stealing for entering the property.