Legal Opinion

Town of Fallsburgh v. Silverman

Appellate Division of the Supreme Court of the State of New York

Decided November 13, 1940PublishedCited by 12 opinions

1Opinion of the CourtBliss, J.

Subdivision (a) of section 7 of article 1 of the New York State Constitution provides “ private property shall not be taken for public use without just compensation.” The Fifth Amendment to the Federal Constitution similarly states that private property shall not be taken for public use without “ just compensation.” *533Where a portion of a parcel of real estate is taken by condemnation for the public use the owner is entitled not only to the value of the portion thus taken, but also to the consequential damages to the remainder including the results of the use to which the portion taken is to be…

2Cases cited18 opinions

  1. Sharp v. United StatesSupreme Court of the United States · 1903
  2. Brooks-Scanlon Corp. v. United StatesSupreme Court of the United States · 1924
  3. United States v. GrizzardSupreme Court of the United States · 1911
  4. Matter of Board of Water Supply of New YorkNew York Court of Appeals · 1938
  5. South Buffalo Railway Co. v. KirkoverNew York Court of Appeals · 1903

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3Cited by12 opinions

  1. Village of Lawrence v. GreenwoodNew York Court of Appeals · 1949
  2. Murphy v. StateAppellate Division of the Supreme Court of the State of New York · 2004
  3. Dennison v. StateNew York Court of Claims · 1965
  4. In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1942
  5. In re the Acquisition of Real Property by the Village of Saranac LakeAppellate Division of the Supreme Court of the State of New York · 2009

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

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