Legal Opinion

In re South Bronx Neighborhood Development Plan

New York Supreme Court

Decided August 7, 1981PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

Wallace R Cotton, J.

The owners of Damage Parcel Nos. 66, 69, 70 and 72 challenge the constitutionality of subdivision 2 of section 3-a of the General Municipal Law which limits prejudgment interest arising out of a condemnation award to 6%, contending that compensation computed at the rate provided by statute results in constitutionally unjust payment.

If payment for the public taking of private property is not made at time of vesting title in condemnor, damage interest computed from date of taking to time of payment must be added to the amount of payment in order that…

2Cases cited6 opinions

  1. Jacobs v. United StatesSupreme Court of the United States · 1933
  2. City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971
  3. In re the County of NassauNew York Court of Appeals · 1977
  4. In re the City of New YorkNew York Supreme Court · 1975
  5. Troy Urban Renewal Agency v. Union National Bank, New York County Courts1977

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. King v. State Roads Commission of the State Highway AdministrationCourt of Appeals of Maryland · 1983
  2. Department of Transportation v. RasmussenAppellate Court of Illinois · 1982
  3. Tucson Airport Authority v. FreilichArizona Supreme Court · 1983
  4. Liberty Square Development Trust v. City of WorcesterMassachusetts Supreme Judicial Court · 2004
  5. Marine Midland Bank, N. A. v. StateNew York Court of Claims · 1983

7 more not listed; retrieve them via the Exa API.

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