Saul Fenchel, a New York Eminent Domain Attorney & Lawyer and a member of Berkman, Henoch, Peterson, Peddy & Fenchel P.C., has over 35 years of experience in representing and advising clients in New York Eminent Domain Condemnation law matters which involve takings by the government through the power of eminent domain.
These government takings can be partial or total; permanent or temporary. These takings give rise to damages for which the property owner is entitled to an award of "just compensation". In many cases, the award achieved will be substantially above the amounts initially offered by the government.
The government’s exercise of the power of New York Eminent Domain to take some or all of a person’s property will affect many property owners since the government is engaged in a wide range of public projects involving road widenings, construction and expansion of public facilities such as schools and parks as well as economic development projects involving construction of housing, shopping areas, and recreational facilities.
For example, on Long Island, New York State has made, or plans to make, numerous eminent domain takings along Route 112 as part of its road widening project. Likewise, Route 347 which runs through the towns of Islip, Smithtown and Brookhaven. Along Route 17, New York State has, for many years, been engaged in a major project to convert that road into Interstate 86 and has actually initiated takings along that right of way. Throughout the State of New York, villages, towns, cities and counties are engaged in, or proposing, community development projects which will involve eminent domain takings of properties.
Recently, a new wrinkle has entered into the field of eminent domain. In northern Pennsylvania, and along the New York counties bordering Pennsylvania (e.g., Broome, Delaware and Chemung Counties), intense controversy has developed over gas extraction by the use of “hydrofracking” and the construction of pipelines to carry the gas to other major pipelines (e.g., the Millennium Pipeline) ultimately to be carried into major metropolitan areas. Energy, pipeline and transmission companies have over the last few years been aggressively seeking to purchase mineral and transmission/pipeline rights.
While fracking and pipeline construction is well underway in Pennsylvania; in New York, the Department of Environmental Conservation (DEC) and the State Legislature are holding hearings to establish firm rules and regulations for the fracking process – which rules and regulations should be finalized shortly. There have been concerns expressed by property owners not only about the environmental effects of fracking, but also that should they refuse to sell these rights, the power of eminent domain would be utilized by the public utilities (if authorized by the Legislature) or the State or a State Agency to acquire both the mineral and/or pipeline/ transmission rights.
Saul Fenchel’s clients have included owners of diverse properties, including shopping centers, banks, office buildings, retail and industrial facilities, residences and vacant land and has also been retained as special counsel by local government and government agencies..Saul Fenchel was one of the founding partners of Siegel Fenchel & Peddy, P.C., one of the most prominent firms concentrating in New York Eminent Domain Condemnation law as well as real property tax appeals and tax certiorari. He is presently the head of the Condemnation Department at Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.
Saul Fenchel has also conducted CLE seminars on New York Eminent Domain Condemnation. He has written extensively on various eminent domain condemnation law subjects in eminent domain articles as well as real property tax appeals.