In re Lafayette Ave.
New York Supreme Court
In the matter of proceedings for the improvement of Lafayette avenue, Edgewater Road to Clason’s Point Road, in the Borough of the Bronx. On objections to award for damages caused by the establishment of street grade above the natural surface of the land.
1Opinion of the CourtGreenbaum, J.
The common-law rule governing damages arising from the exercise of the right of eminent domain has been well stated, as follows:
“ * *■ * At common law * * * one who was injured by the rightful exercise of eminent domain could not recover damages for such injury, however great, unless some portion of his property was actually taken. If the least portion of his property was taken, however, the owner could not only recover compensation for it, but also damages accruing to the remainder of such property. Where no property was ‘taken,’ the injury inflicted was held to be consequential damages, and…
2Cases cited4 opinions
- Sauer v. . City of New YorkNew York Court of Appeals · 1904
- City Council v. TownsendSupreme Court of Alabama · 1886
- Callender v. MarshMassachusetts Supreme Judicial Court · 1823
- Ex parte StateSupreme Court of Alabama · 1889
3Cited by1 opinion
- In re City of New YorkNew York Supreme Court · 1919