Commercial real estate industry insights.

Enhanced Service Line: BBG Litigation Support

by Eric Haims, MAI, AI-GRS | Apr 24, 2019

It could be a subway line or a pipeline. When it comes to a right-of-way project, commercial properties in its path can expect business disruptions and may be subject to condemnation. Both examples invoke the Fifth Amendment, which allows the government to seize private property for public use—but not without “just compensation.” But what’s just? BBG Litigation helps litigants make their case.

With BBG’s recent acquisition of Jerome Haims Realty came deep expertise in litigation support services. BBG retained Eric Haims, MAI, AI-GRS, as managing director in the NYC office, leveraging his experience in valuation and litigation; providing expert testimony; and the appraisal of commercial properties for both litigation and condemnation purposes pursuant to eminent domain.

Jerome Haims Realty is one of the largest providers of litigation support, arbitration, and expert witness testimony services in the New York City market. The December 2018 acquisition of the 50-year-old firm significantly builds on litigation support and other capabilities of BBG’s New York office and the company overall.

With plans to roll out BBG Litigation support services to our offices nationwide, Haims leads a team offering five main services lines:

  • Litigation
  • Eminent domain
  • Expert witness testimony
  • Arbitration
  • Mediation

BBG Litigation most commonly takes on condemnation cases but provides support services for virtually any type of litigation involving real property including matrimonial disputes, bankruptcy, estate tax and IRS audits, and property damage cases. BBG appraisers can provide expert testimony in court, including the preparation of trial exhibits. The team can also provide critiques of the other appraisers’ reports or formal rebuttal reports.

BBG’s New York team has worked for condemners such as Amtrak, New Jersey Transit, the NYC Metropolitan Transportation Authority, and the Port Authority of New York and New Jersey. Cases include Atlantic Yards in Brooklyn, the Queens West Redevelopment Project, the Second Avenue Subway Line and the $15 billion Hudson Yards development.

The team has also worked for owners of condemned property both in negotiations with the condemning authority and by providing expert testimony in contested proceedings to determine the appropriate value of the condemned property to ensure just compensation.

Arbitration and mediation are also part of the litigation support services practice. For example, BBG Litigation often helps property owners resolve rent disputes outside of the court system.

As real estate valuation, advisory and assessment specialists, BBG is pleased to offer our enhanced litigation support services line so we can help clients and their counsel who need help defending their commercial investment.