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Andrews v. State of New York

176 N.E.2d 42, 9 N.Y.2d 606, 217 N.Y.S.2d 9, 1961 N.Y. LEXIS 1197
New York Court of Appeals·Decided May 25, 1961·No. Claim 34211·Published·Cited by 5 cases

Opinions

Memorandum : The trial court has found as a fact and the Appellate Division affirmed that the appropriation of the subject property for the construction of a power line was not con[608]*608templated by the original project, which was enlarged to include that purpose only after the project was well under way. The valuation of the property for that purpose included an element of value enhanced by the existence of the original project, but under the ruling in United States v. Miller (317 U. S. 369) this is to be compensated where, as here, the project is subsequently enlarged by the construction of transmission lines, in which event the Miller case requires payment of the market price as enhanced by the factor of proximity to the public improvement. For this and other reasons stated in the opinions below, the judgment appealed from should be affirmed, with costs.

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Andrews v. State of New York, 176 N.E.2d 42, 9 N.Y.2d 606, 217 N.Y.S.2d 9, 1961 N.Y. LEXIS 1197 (N.Y. 1961).

176 N.E.2d 42 (Andrews v. State of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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Andrews v. State of New York
176 N.E.2d 42 (New York Court of Appeals, 1961)