Legal Opinion
Cookinham v. Village of Richfield Springs
New York Supreme Court
Decided July 10, 1931PublishedCited by 2 opinions
1Opinion of the CourtMcNaught, J.
Constitutional provisions and statutory enactments insure that the property of a citizen shall not be taken for a public use without the payment of full and adequate compensation.
When property is taken for a public use and the owner is permitted to recover, not what he thinks it is worth, but only its fair market value, he shall at least have the right to prove every element that can fairly enter into the question of market value. (Matter of City of New York, 198 N. Y. 84, 88.)
In determining the damages sustained by the property owner when he is deprived of his property, or the same is…
2Cases cited10 opinions
- McGovern v. City of New YorkSupreme Court of the United States · 1913
- In Re Acquiring Title by City of New YorkNew York Court of Appeals · 1910
- South Buffalo Railway Co. v. KirkoverNew York Court of Appeals · 1903
- In re SimmonsAppellate Division of the Supreme Court of the State of New York · 1909
- Matter of City of New YorkNew York Court of Appeals · 1931
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3Cited by2 opinions
- In re HuieNew York Court of Appeals · 1956
- In re Luzerne-Lake George County Highway, New York County Courts1932