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Eminent Domain Law
Evidence Supports Award of Severance Damages
Wesley Hills Center v. State of New York, NYLJ 2/14/22, p. 33, col. 1, AppDiv, Second Dept. (memorandum opinion)
In an action to recover damages for a taking of property, the state appealed from the Court of Claims' award of $432,000 in severance damages. The Appellate Division affirmed, holding that the court's award was supported by the evidence.
The state exercised its eminent domain power to take 6,025 square feet from claimant's shopping center. The land taken was along the frontage of a highway and resulted in nonconformities in parking spaced in the shopping center and the loss of a landscape buffer. The claimant sought severance damages for the impairment of the value of the land not taken, and the Court of Claims awarded severance damages. The state appealed.
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