Legal Opinion
Chiesa v. State
New York Court of Appeals
Decided December 20, 1974No. Claim No. 52427PublishedCited by 7 opinions
1Opinion of the CourtGabrielli, J.
The sole issue presented by the State’s appeal may be phrased as follows: When there is a partial taking of real property through the State’s exercise of its power of eminent domain, may special and general benefits accruing to the remaining land be used to offset the direct damages attributable to the land actually taken by the State?
On February 9, 1970, the State appropriated. approximately 22 acres of land from the claimant’s tract of 193 acres on the east side of Route 9W in the Town of New Baltimore, Greene County, to construct a new Thruway interchange. As a result of the partial…
2Cases cited9 opinions
- Bauman v. RossSupreme Court of the United States · 1897
- People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- In re City of RochesterAppellate Division of the Supreme Court of the State of New York · 1932
- Genet v. . City of BrooklynNew York Court of Appeals · 1885
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lerner Pavlick Realty v. StateAppellate Division of the Supreme Court of the State of New York · 2012
- Brown v. StateAppellate Division of the Supreme Court of the State of New York · 1976
- Done Holding Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1988
- Keystone Associates v. StateNew York Court of Claims · 1975
- Rome Urban Renewal Agency v. Rome Television Center, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
2 more not listed; retrieve them via the Exa API.