Legal Opinion

Bentz v. State

New York Court of Claims

Decided April 27, 1951No. Claim No. 29969Published

1Opinion of the CourtLambiase, J.

The State of New York has appropriated a permanent easement in lands particularly described in our accompanying decision. Private property having thus been appropriated for the public use, there is involved no question of liability for the State of New York must pay just compensation therefor and must pay for legal damages caused by such appropriation. We have determined and we have set forth in our decision the amount which the State of New York is to pay.

*108In onr consideration of this claim there was presented to ns a question which we resolved in arriving at our decision, but which we,…

2Cases cited6 opinions

  1. Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
  2. Hopkins v. . Lincoln Trust Co.New York Court of Appeals · 1922
  3. Hession v. Sari CorporationNew York Court of Appeals · 1940
  4. Dee v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1939
  5. Matter of Dee v. State Tax CommissionNew York Court of Appeals · 1940

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