Tarbell Road Realty, Inc. v. State

Appellate Division of the Supreme Court of New York

Tarbell Road Realty, Inc. v. State

28 A.D.2d 819, 281 N.Y.S.2d 852, 1967 N.Y. App. Div. LEXIS 3696

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 29, 1967

DocketClaim No. 39680

StatusPublished

This text of 28 A.D.2d 819 (Tarbell Road Realty, Inc. v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tarbell Road Realty, Inc. v. State, 28 A.D.2d 819, 281 N.Y.S.2d 852, 1967 N.Y. App. Div. LEXIS 3696 (N.Y. Ct. App. 1967).

Pincite

Opinion

Memorandum: The State appropriated 1.123 acres of respondents’ lands for a permanent easement. The trial court found that the land had a value of $25,000 per acre and computed a damage figure of $28,075. All parties now concede that this was erroneous as the 1.123 acres was part of a total of 38.30 acres for which the court had made an award for consequential damage thereto in the companion case decided herewith. Such damage was found to be 15% of the former value of the land. It follows that to avoid a duplicate award of damages the correct figure should have been $23,863.75 or 85% of $28,075. We find, however, as stated in the companion ease decided herewith, that the fair value of respondents’ land was $20,000 an acre. This figure applied to the easement taking (1.123 acres) produces $22,460. Eighty-five per cent thereof is $19,091. (Appeal from judgment of Court of Claims in action for damages for appropriation of permanent easement.) Present — Williams, P. J., Bastow, Goldman, Henry and Marsh, JJ.

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Memorandum: The State appropriated 1.123 acres of respondents’ lands for a permanent easement. The trial court found that the land had a value of $25,000 per acre and computed a damage figure of $28,075. All parties now concede that this was erroneous as the 1.123 acres was part of a total of 38.30 acres for which the court had made an award for consequential damage thereto in the companion case decided herewith. Such damage was found to be 15% of the former value of the land. It follows that to avoid a duplicate award of damages the correct figure should have been $23,863.75 or 85% of $28,075. We find, however, as stated in the companion ease decided herewith, that the fair value of respondents’ land was $20,000 an acre. This figure applied to the easement taking (1.123 acres) produces $22,460. Eighty-five per cent thereof is $19,091. (Appeal from judgment of Court of Claims in action for damages for appropriation of permanent easement.) Present — Williams, P. J., Bastow, Goldman, Henry and Marsh, JJ.

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Bluebook (online)

28 A.D.2d 819, 281 N.Y.S.2d 852, 1967 N.Y. App. Div. LEXIS 3696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tarbell-road-realty-inc-v-state-nyappdiv-1967.