Legal Opinion

General Crushed Stone Co. v. State

New York Court of Appeals

Decided February 23, 1999PublishedCited by 7 opinions

1Opinion of the Court

*25OPINION OF THE COURT

Ciparick, J.

In fairness to a private property owner forced to litigate the value of its property when the State comes forward with an unreasonably low offer in effecting a taking of that property, the Legislature enacted section 701 of the Eminent Domain Procedure Law. This section allows the owner to apply for allowances — litigation costs expended to ensure just compensation. The question in this case is whether an application for allowances must be brought by the claimant before, or after, the entry of the judgment determining the property’s value. In light of the…

2Cases cited5 opinions

  1. United States v. Bodcaw Co.Supreme Court of the United States · 1979
  2. Hakes v. State of New YorkNew York Court of Appeals · 1993
  3. Walsh v. StateAppellate Division of the Supreme Court of the State of New York · 1992
  4. Taylor v. StateAppellate Division of the Supreme Court of the State of New York · 1994
  5. Ross Lawn Equipment, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by7 opinions

  1. In re New York State Urban Development Corp.New York Supreme Court · 2000
  2. City of Long Beach v. Sun NLF Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2017
  3. In re Bradhurst Urban Renewal AreaAppellate Division of the Supreme Court of the State of New York · 2007
  4. In re the Acquisition of Real Property by the County of TompkinsAppellate Division of the Supreme Court of the State of New York · 2002
  5. Matter of Village of HaverstrawAppellate Division of the Supreme Court of the State of New York · 2020

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