Legal Opinion
McCurdy v. State of New York
New York Court of Appeals
Decided March 20, 2008No. Claim 101492PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Read, J.
This appeal calls upon us to decide the proper measure of damages when a condemnor takes a temporary easement that encumbers a vacant parcel’s entire highway frontage. We hold that damages in this case should be awarded in line with the formula set out in Village of Highland Falls v State of New York (44 NY2d 505 [1978])—i.e., the rental value of the land encompassed within the temporary easement for so long as the easement is in effect plus, as consequential damages, the rental value of the parcel’s unencumbered interior acreage for any period of time when highway…
2Cases cited4 opinions
- Great Atlantic & Pacific Tea Co. v. StateNew York Court of Appeals · 1968
- Village of Highland Falls v. StateNew York Court of Appeals · 1978
- Kadlec v. StateAppellate Division of the Supreme Court of the State of New York · 1999
- McCurdy v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by3 opinions
- Ronmar Realty, Inc. v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
- In re the Acquisition of Easements by Central New York Oil & Gas Co.Appellate Division of the Supreme Court of the State of New York · 2013
- In re the Acquisition of Easements by Central New York Oil & Gas Co.Appellate Division of the Supreme Court of the State of New York · 2013