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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
CourtNew York Court of Appeals
DecidedMay 25, 1961
DocketClaim 34211
StatusPublished
Cited by5 cases

This text of 176 N.E.2d 42 (Andrews v. State of New York) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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).

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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R. B. Rands Et Ux. v. United States
367 F.2d 186 (Ninth Circuit, 1966)
Andrews v. State of New York
176 N.E.2d 42 (New York Court of Appeals, 1961)

Cite This Page — Counsel Stack

Bluebook (online)
176 N.E.2d 42, 9 N.Y.2d 606, 217 N.Y.S.2d 9, 1961 N.Y. LEXIS 1197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrews-v-state-of-new-york-ny-1961.