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Eminent Domain Law
No Deduction for Stigma Damages
Matter of Town of Oyster Bay v. 55 Motor Avenue Company, LLC NYLJ 10/9/20, p. 28, col. 5 AppDiv, Second Dept. (memorandum opinion)
In a condemnation proceeding, both parties appealed from a Supreme Court judgment awarding claimants $9,732,498 as just compensation for the taking. The Appellate Division modified to reduce the award to $4,295,634, holding that the court below had improperly relied on comparable sales of retail property, but that the town was not entitled to a deduction for stigma due to environmental contamination.
In order to expand a public park, the town condemned the subject property, which was zoned for light industrial use. The federal government had designated the property as a "superfund" site due to environmental contamination, and at the time the condemnation vested title in the town, remediation was ongoing and was expected to continue for approximately four years. In this condemnation proceeding, Supreme Court initially awarded claimant more than $20,000,000 based on value for retail purposes. On an earlier appeal, the Appellate Division reversed and remanded to Supreme Court to determine value for light industrial development. On remand, Supreme Court awarded claimant $9,732,498 based on comparable sales of property for retail use.
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