Leibeck v. State

59 Misc. 2d 368, 299 N.Y.S.2d 206, 1969 N.Y. Misc. LEXIS 1619
CourtNew York Court of Claims
DecidedApril 17, 1969
DocketClaim No. 48231
StatusPublished

This text of 59 Misc. 2d 368 (Leibeck v. State) is published on Counsel Stack Legal Research, covering New York Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leibeck v. State, 59 Misc. 2d 368, 299 N.Y.S.2d 206, 1969 N.Y. Misc. LEXIS 1619 (N.Y. Super. Ct. 1969).

Opinion

Ronald E. Coleman, J.

Claimants ’ property was located on Washington Street approximately one and one-half miles northerly of the intersection of Route 33 and Washington Street in the Village of Churchville. It consisted of 314± acres with a frontage of 4600± feet available for strip residential development and presently used as farm homesite frontage on Washington Street. The appraiser for the claimants appraised all of their property and the appraiser for the State appraised only that property located on Washington Street and not the property located on the side roads which admittedly was not affected by the appropriation. This accounts for the difference in the total before acreage considered by the two appraisers. We have used the total acreage of 314± acres as testified to by the claimants ’ appraiser. On the property were a dairy bam together with other buildings used in a dairy operation all in good condition, a main house in fair condition, a cottage, a tenant house and other buildings in poor condition. The State appropriated 1.198± acres from the frontage adjacent to Washington Street.

The property consisted of 31± acres woods, 45± acres wasteland, 21± acres computed by us farm site and available strip residential property to a depth of 200± feet with a frontage of 4600± feet (550'± feet developed as home and farm site and 4050± feet strip residential) and 217± acres of tillable [370]*370land. The appraiser for the claimants placed an agricultural value on all the property to which he then added an increment to arrive at his value for land available for strip residential development. The appraiser for the claimants made a breakdown of the acreage according to the types of land and placed an acreage value on the land based on an analysis of his comparable sales. The appraiser for the State in both his before and after values for land as well as buildings placed on the whole property a merged acreage value of $600 an acre which represented the value of 'both the land and buildings.

The State’s appraiser testified that the $600 an acre included $325 an acre for the merged value of land alone. The difficulty with the State’s appraisal was that the merged value on land o.f $325 an acre was attributed to each and every acre of the farm without giving any consideration to the type of land actually involved here which included woods, wasteland, tillable land and building sites. He did this using comparable sales, using these to arrive at a merged acreage value which he did by dividing the total sale price by the number of acres involved without regard to types of land and buildings. In his appraisal he placed a value of some $60,000 on the buildings which is considerably more than the value placed on the same buildings by the claimants’ appraiser. The record does not support this value shown in his appraisal and after he made an upward adjustment in the claimants’ acreage on the trial he did not give any other value for the buildings. Were we to follow the method used by him, the value of the buildings would have to be increased considerably by reason alone of the additional acres used. Inasmuch as we have found no consequential damages to the buildings themselves, we mainly discuss that part of his appraisal and testimony dealing with the value of the land.

An analysis of his appraisal and testimony as to land values considering the various types of land involved in the comparable sales as well as in claimants’ property, clearly demonstrates that the value of the land adjoining the road was considerably more than $325 ah acre. This readily can be seen by taking the farm as 314 ± acres as found by us instead of the 210± acres used in his appraisal corrected by him to 277± acres on the trial and multiplying the 314± acres by his $325 an acre which would produce a land value of $102,050. It would also produce a total value of $188,400 of which $86,350' would be building values, all of which would be highly excessive. In arriving at his before and after values as well as his damages, he considered the frontage to be farm land. This is more [371]*371than the $91,428 for land testified to by the claimants ’ appraiser who included therein an increment for the frontage of some $20 and $10 a front foot added to his farm land value. "While in our opinion the claimants’ appraisal could have been presented in a clearer manner, it is possible by examining several pages together and taking his testimony to determine how he arrived at his values.

The method used by the State’s appraiser makes it impossible for us to determine exactly what his value was for the various types of land involved in this claim when given only one merged value -on all the land in respect to both the comparable sales and the claimants. Obviously, here on all the credible evidence the woods, wasteland, tillable land and frontage land cannot be said to have exactly the same value, that is, $325 an acre. In our opinion the method used by the State’s appraiser renders his appraisal of little probative value and certainly furnishes us with little or no assistance in arriving at a decision.

To begin with in our opinion the use of a merged acreage value is an improper method of appraisal in this court. (Cf. Latham Holding Co. v. State of New York, 16 N Y 2d 41.) Further, in our decision we must make an acreage breakdown of the types of land and land values as found by us, we must explain in considerable detail how we arrived at our before and after values as well as the damages and failure to do so is to assure a prompt reversal of our decision on appeal and a new trial. (Spyros v. State of New York, 25 A D 2d 696; Moran v. State of New York, 29 A D 2d 705.) Often it would appear in claims tried in the Oourt of Claims that some appraisers and attorneys do not fully appreciate the fact that under present authorities the powers of the appellate courts to review an award made by this court are not the same as in the case of an award made by Commissioners of Appraisal in a condemnation proceeding (see Matter of Huie [Fletcher-City of New York], 2 N Y 2d 168, 171; also City of Niagara Falls v. New York Cent. R. R. Co., 31 A D 2d 780 ; City of Binghamton v. Koffman, 28 A D 2d 1071).

At one time the courts on appeal were reluctant to disturb an evaluation made by the Court of Claims unless it was either excessive or inadequate or based on errors in law. In Messina v. State of New York (2 A D 2d 802 [4th Dept.]) the court said: We recognize the general rule that a finding of value made in a condemnation proceeding may not be set aside unless, among other things, it appears that the lower court has failed to give to conflicting evidence the relative weight which it should have and thus has arrived at a value which is excessive [372]*372or inadequate”. In Katz v. State of New York (10 A D 2d 164, 166 [3d Dept.]) the court said: We recognize the general rule that on a question of quantum appellate courts are reluctant to disturb the evaluation of the trial court. However, that rule is not without exceptions, and if the evaluation is clearly inadequate it is erroneous.” This statement of the rule was quoted by the same court in Albany Country Club v. State of New York (19 A D 2d 199, 202, affd. 13 N Y 2d 1085).

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Cite This Page — Counsel Stack

Bluebook (online)
59 Misc. 2d 368, 299 N.Y.S.2d 206, 1969 N.Y. Misc. LEXIS 1619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leibeck-v-state-nyclaimsct-1969.