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Eminent Domain Law
Comparable Sales Sufficient to Support Eminent Domain Award
20 Rewe Street, Ltd. v. State, 2022 WL 4230493, AppDiv, Second Dept. (memorandum opinion)
In claimant's action to recover damages arising from a partial taking, claimant appealed from a Court of Claims judgment awarding claimant $3,310,500. The Appellate Division affirmed, holding that the Court of Claims judgment was supported by the record.
Landowner owned a 39.900 square foot unimproved property used for storage and parking of construction equipment. The state Department of Transportation appropriated 27,041 square feet of the property as part of the Kosciuszko Bridge Project. Claimant brought this proceeding, and the Court of Claims found the approach of the state's appraiser to be more persuasive than that of the claimant's appraiser, and awarded $3,310,500. Claimant appealed.
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