Legal Question in Real Estate Law in New York

Eminent Domain

Question:A Certified Letter (on My Husband's name and I've signed for IT.)

Sender:***...Architect&Planner.

Letter Content:'As per the rules and regulations of the city Department of Buildings,commencement of footings and foundations for the new building referenced above shall commence no sooner than...days upon receipt of this letter.'

The address is near our house, in the back.

My husband is very upset with me saying that a Certified Mail becomes a legal Document, and that means that we agreed to something that we have no ideea what is about.

What should I do?

I had no ideea that new construction will start in our area.

We've intended to sell our house in a couple of months(To relocate Job related).

Thank you,


Asked on 7/04/04, 8:38 pm

4 Answers from Attorneys
Kevin Connolly Kevin J. Connolly

Re: Eminent Domain

This has nothing to do with eminent domain. Under the NYC Administrative Code, when an owner of real estate requests the issuance of building permits for a project that affects ANYTHING below grade, all of the neighbors must be notified. This way, you can keep an eye on the project and if your foundation or walks or anything else is disturbed (starts to crack or shift) you know whom to call. A lot depends on how extensive your house is. If it's a ten-story brownstone directly adjacent to the property being worked on, I would speak to an engineer about the cost and benefits of having a survey done of existing conditions. In any event, take photographs of the property as it now exists. Make duplicates of the photos. Mail a set to yourself to have proof of when those photos existed. Not bulletproof, but it's better than having nothing. As indicated, an engineer survey is the best approach if you can afford it. Speak to your insurance agent, too.

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Answered on 7/05/04, 10:03 am
Walter LeVine Walter D. LeVine, Esq.

Re: Eminent Domain

Sounds like you have received a legal notice from a neighbor going to do some construction. By law, some proposed construction requires that neighbors be notified and the procedure is by certified mail. Receipt of the letter is not your agreement to its contents, only that you received the proper notice. If you have objections to the proposal, you must comply with the notice and probably will have to appear before your local Zoning or Planning Board to enter your objection.

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Answered on 7/05/04, 1:05 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Eminent Domain

A certified letter is only proof that notice was given. It does not mean you agree to the contents of the letter. However, having received notice, you must now act if there is some opposition you have to the contents. You can not sit on your legal rights...or you lose them by way of waiver.

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Answered on 7/04/04, 9:13 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: Eminent Domain

Eminent Domain just means that the municipality is "taking" the property with reasonable compensation.

A certified letter is probably required because you live with 500 feet of the site.

Now, as to signing for it ...wouldn't you rather know what is going on, that to be surprised. Tell your husband to calm down.

Good Luck

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Answered on 7/04/04, 9:26 pm


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