Niagara Mohawk Power Corp. v. Olin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order and judgment unanimously modified on the law and facts and as modified affirmed without costs, in accordance with the following memorandum: Niagara Mohawk Power Corporation brought this proceeding to acquire a strip of land across respondents’ property for the construction and maintenance of power lines. In its award of just compensation to respondents, the court included a sum representing consequential damages for the effect of the power lines upon the remaining lands. This was error. The burden is upon the owner to prove the consequential damages and to furnish a basis upon which a…
2Cases cited3 opinions
- Mil-Pine Plaza, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1980
- In re the Acquisition of Real Property by Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Miller v. StateNew York Court of Claims · 1982
3Cited by11 opinions
- Zappavigna v. StateAppellate Division of the Supreme Court of the State of New York · 1992
- Lerner Pavlick Realty v. StateAppellate Division of the Supreme Court of the State of New York · 2012
- National Fuel Gas Supply Corp. v. GoodremoteAppellate Division of the Supreme Court of the State of New York · 2004
- J.W. Mays, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 2002
- Klein v. StateAppellate Division of the Supreme Court of the State of New York · 1992
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