Village of Penn Yan Urban Renewal Agency v. Penn Yan Realty Corp.

Petitioner (Village of Penn Yan Urban Renewal Agency) moves this court for an order settling and determining “ the burden of proof and the order of taking testimony ” upon the trial before Commissioners of Appraisal appointed to hear, try and determine the just compensation of certain real properties condemned pursuant to order of this court entered August 15,1968 (Condemnation Law, §§ 4,13,14).

All parties are agreed that an order of instruction to the commission falls within the discretionary and statutory powers of the court before whom the proceedings are pending (Condemnation Law, § 26).…