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HKCC TACKLES BIG BOX VALUATION AGAIN IN NY

Kevin Clyne

By Kevin Clyne

| February 02, 2017

HKCC Partners Kevin Clyne and Jennifer Hower litigated the proper methodology to be utilized in valuing big box retail stores for property tax purposes in New York State.  The methodologies have received mix treatment by courts throughout the state. HKCC is forwarding the theory that, due to the law requiring real property be valued free and clear of any leasehold interest, or any other encumbrance on the fee simple value, the courts should look to the rents paid by second generation users of big box space.   The Town, as if often the case,  relied entirely on the original, leased fee rents, which is based entirely on construction costs, and reflects value to the particular original big box user exclusively, not the true real estate value for property tax purposes.  The trial was held in Albany County Supreme Court on January 23 and 24th, 2017.  It is our hope that ultimately this decision will lead to a final mandate on how to value big box stores in New York.   Mr. Clyne and the firm had originally prosecuted big box cases via trial in 2009 and 2010, under a different methodology.   The new theory is being proffered because its has refined and perfected the capturing of pure real estate value.