County of Westchester v. Wakefield Park Realty Co.

The commissioners excluded the evidence offered by the claimant owner of parcel Ho. 63, the defendant William E. Haupfauf, to establish the value of the parcel before and after the taking of the easements therein, by showing the value of various lot or plot subdivisions of the parcel, upon the theory or contention on the part of said defendant that the land was presently best available for use and marketable in that way.

It is elementary that in such proceedings the owner is entitled to have the land valued for the most valuable'available use for which it is then marketable; and it is indeed…