Diocese of Buffalo v. State

Chief Judge Fuld.

In each of these three condemnation proceedings, we are called primarily upon to decide the method to be employed in computing a claimant’s damages where there has been a partial taking of cemetery lands. Since this question of law is applicable to all three appeals, it may be helpful to discuss it before undertaking a more detailed consideration of each of the several appeals themselves.

It is settled that, as a general proposition, the measure of damages in partial taking cases is the difference between the value of the whole before the taking and the value of the remainder…