An Empirical Study of Court-Adjudicated Takings Compensation in New York City: 1990-2003

29 Pages Posted: 20 May 2011

See all articles by Yun-chien Chang

Yun-chien Chang

Academia Sinica - Institutum Iurisprudentiae (IIAS); New York University School of Law

Multiple version iconThere are 2 versions of this paper

Date Written: June 2011

Abstract

No empirical study on court-adjudicated condemnation compensation has been done in the past 30 years. To fill in the empirical gap, I first collect condemnation compensation cases in New York City between 1990 and 2003, finding that the court usually rules in favor of condemnors. Additionally, I use hedonic regression models and about 7,500 sales to estimate the fair market value (FMV) of 27 condemned properties and compare the FMV with condemnors' offered value, condemnees' claimed value, and court awards, finding that all condemnees' claims are above FMV, while many condemnors' offers and court awards are above FMV; moreover, condemnors' claims come closer to FMV than condemnees' claims and court awards. The court usually favors condemnors because condemnors have better incentives to produce unbiased assessed value and condemnors' offered value actually is closer to FMV. Offers, claims, and awards are inaccurate because bias-prone appraisal techniques have been used to assess property value.

Suggested Citation

Chang, Yun-chien, An Empirical Study of Court-Adjudicated Takings Compensation in New York City: 1990-2003 (June 2011). Journal of Empirical Legal Studies, Vol. 8, Issue 2, pp. 384-412, 2011. Available at SSRN: https://ssrn.com/abstract=1840238 or http://dx.doi.org/10.1111/j.1740-1461.2011.01213.x

Yun-chien Chang (Contact Author)

Academia Sinica - Institutum Iurisprudentiae (IIAS) ( email )

128 Academia Sinica Rd., Sec. 2
Nankang
Taipei City, 11529
Taiwan

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

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