Tandet v. Urban Redevelopment Commission

426 A.2d 280, 179 Conn. 293, 1979 Conn. LEXIS 960
CourtSupreme Court of Connecticut
DecidedDecember 4, 1979
StatusPublished
Cited by54 cases

This text of 426 A.2d 280 (Tandet v. Urban Redevelopment Commission) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tandet v. Urban Redevelopment Commission, 426 A.2d 280, 179 Conn. 293, 1979 Conn. LEXIS 960 (Colo. 1979).

Opinion

Arthur H. Healey, J.

This appeal was taken by the defendant Urban Redevelopment Commissi on (hereinafter URC) from the reassessment of damages awarded by a state trial referee for a partial taking of the plaintiffs’ land in downtown Stamford. The finding discloses the following factual setting: The plaintiffs’ property consisted of a five-story brick building with a two-story warehouse physically attached to the rear of the building. When the plain *295 tiffs purchased the property in 1967 it was subject to a twenty-year lease for the period from August 1, 1962 to July 31,1982. From the inception of the lease until the time of taking, the building was used as a department store with an adjoining warehouse. On July 27, 1973, the defendant notified the plaintiffs of its intention to take part of the property to facilitate the construction of a parking garage. On June 18, 1974, the defendant notified the plaintiffs that it would he necessary to demolish the warehouse, and on September 3, 1974, the defendant filed a formal notice of taking of 864 square feet of the plaintiffs’ property and deposited with the clerk of the Superior Court $32,800 as damages. See General Statutes § 8-130. The defendant filed, on May 29, 1975, a second notice of taking in which it obtained the right to demolish the entire warehouse and a temporary easement over the plaintiffs’ remaining property to facilitate its demolition. For this taking the defendant deposited one dollar with the clerk as damages. The warehouse was demolished in July, 1975. The lease between the plaintiffs and their tenant, Supermarket General Corporation, provided, in part, that in the event the subject premises were partially taken by eminent domain and an architect, selected by the tenant and satisfactory to the landlord, concluded that the tenant’s ability to use the remainder of the premises would be substantially reduced, the tenant would have the power to terminate the lease. After an architect selected in accordance with the lease so concluded, Supermarket General notified the plaintiffs on November 13, 1974, that it would terminate the lease and surrender possession of the premises on January 11,1975.

The plaintiffs applied to the Superior Court, pursuant to General Statutes § 8-132, for review of the *296 defendant’s statement of compensation. The matter was referred to a state referee, who was presented with three appraisal reports. Two reports were introduced by the defendant; one assessed damages at $32,800 and the other assessed damages at $38,500. Neither of the appraisers selected by the defendant was aware of the tenant’s election to terminate the lease and neither report included this factor in the determination of damages. The plaintiffs introduced an appraiser’s report that fixed damages for the property taken and those resulting to the remainder at $210,000. The plaintiffs’ appraiser, Norman Benedict, was engaged by the plaintiffs in June, 1975, and knew at the time that his report was prepared that the tenant had terminated the lease and evacuated the building. 1 The referee, after hearing the evidence, adopted Benedict’s appraisal and awarded damages to the plaintiffs in the amount of $210,000.

On appeal the defendant claims: (1) that the finding should be corrected in several respects; (2) that the court erred in adopting Benedict’s appraisal because the before-taking value of the property was based on a future highest and best use that was speculative and conjectural; (3) that the court erroneously concluded on the basis of Benedict’s report that the termination of the lease with Supermarket Greneral was an economic detriment and not a benefit; and (4) that the court erred in concluding that the construction of a parking garage adjacent to the plaintiffs’ remaining property conferred no special benefit to the property that would increase its after-taking market value.

*297 I

We turn first to the issues raised by the defendant’s attack on the finding. The defendant claims that the court erred: (1) in refusing to find certain material facts said to be admitted and undisputed; (2) in finding certain facts without evidence; and (3) in finding certain facts in language of doubtful meaning so that their real significance may not clearly appear in view of their relationship to other facts found. Each of these claims has been examined carefully and the finding is corrected by adding two paragraphs of the draft finding which we find to be either admitted or undisputed. 2 Some of the facts contained in other paragraphs of the draft finding sought to be added are neither admitted nor undisputed; some are implicit in the finding, and others, even if added, would not affect the result. See Salvatore v. Milicki, 163 Conn. 275, 277, 303 A.2d 734 (1972). In view of our disposition of this case, no further correction of the finding is necessary. See Krause v. Krause, 174 Conn. 361, 364, 387 A.2d 548 (1978).

II

The defendant claims that the referee erred in admitting into evidence, and later relying upon, the report of the plaintiffs’ appraiser on the ground that the proposed highest and best use of the property projected in the appraiser’s determination of *298 the before-taking market value of the land was remote and speculative. The plaintiffs’ appraiser, Norman Benedict, predicated his before-taking valuation on the retail tenant’s continued occupancy of the property for seven years and eleven months, the remaining period of the lease term. He then projected at the end of the tenancy a highest and best use of the property different from the existing use, based on forecasts of population growth, per capita buying income, commercial construction costs, operating expenses and rental income. Benedict concluded that the most profitable use to which the property could be applied nearly eight years in the future would be as an office building. His appraisal of the before-taking value of the whole property was based on these projections.

Under our constitution, no property shall be taken for a public use without just compensation. Conn. Const., art. 1 § 11. This has been interpreted to mean that the condemnee is entitled to receive a fair equivalent in money for the property taken, as nearly as its nature will permit. Schnier v. Commissioner of Transportation, 172 Conn. 427, 431, 374 A.2d 1087 (1977); Colaluca v. Ives, 150 Conn. 521, 530, 191 A.2d 340 (1963). The measure of damages is ordinarily the fair market value of the acquired land on the day of taking. Ibid. Where only a part of a tract of land is taken for the public use, the award will include the value of the part taken as well as any damages visited upon the remainder as a result of the taking. D’Addario v. Commissioner of Transportation, 172 Conn.

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Bluebook (online)
426 A.2d 280, 179 Conn. 293, 1979 Conn. LEXIS 960, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tandet-v-urban-redevelopment-commission-conn-1979.