Taub v. City of Deer Park

I agree with the Court that the proper measure of damages for a taking of only part of a tract is the market value of the land actually appropriated and the difference, if any, in the market value of the remainder immediately before and immediately after the taking. However, I would affirm the judgment of the court of appeals because Taub failed to establish damages to the remainder tract. I therefore concur in part and dissent in part with the opinion of the Court.

The basis for damages to a remainder tract is the fact that the property as a whole constituted a single tract prior to the…