In Re Acquiring Title by City of New York
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 25, 1909, which affirmed an order of Special Term confirming the report of commissioners of estimate and appraisal in the above-entitled proceeding. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 25, 1909, which affirmed an order of Special Term confirming the report of commissioners of estimate and appraisal in the above-entitled proceeding. The facts, so far as material, are stated in the opinion. The exclusion by the commissioners of the evidence of structural cost of the improvements upon the premises acquired by the city of Mew York constituted reversible error. (People ex rel. C. G. Co. v. Wells, 54 Misc. Rep. 322; 126 App. Div. 944; 193 N. Y. 614; People ex rel.…
1DissentChase, J.
The lands sought to be acquired in the proceeding are entire lots of land owned by the appellants in severalty for which they are entitled to just coinpen sation. The measure of just compensation when the whole of specified pieces of land is taken for a public use under the power of eminent domain is the market value of such lots of land. The buildings and structures on the lands so to be taken are a part of the lands and are to be included, as such in determining the market value thereof. The buildings and structures on appellants’ lands are suitable to the locality and the lands including…
2Cases cited8 opinions
- In re SimmonsAppellate Division of the Supreme Court of the State of New York · 1909
- Village of St. Johnsville v. . SmithNew York Court of Appeals · 1906
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- In re SimmonsNew York Supreme Court · 1908
- In re the Trustees of the Village of White PlainsAppellate Division of the Supreme Court of the State of New York · 1908
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