Legal Opinion
Matter of New Cr. Bluebelt, Phase 3.
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 2017No. 2015-03862PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Leventhal, J.P.
An owner whose property has been taken in condemnation is entitled to “just compensation” (US Const 5th Amend). At issue on this appeal is how to determine just compensation when the property at issue is subject to wetlands regulations that restrict its development. In Chase Manhattan Bank v State of New York (103 AD2d 211 [1984]), this Court held that property taken in condemnation must be valued as restricted in use by wetlands regulations, but that an owner who could prove a reasonable probability of successfully challenging the application of the…
2Cases cited19 opinions
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
- Lingle v. Chevron U. S. A. Inc.Supreme Court of the United States · 2005
- Palazzolo v. Rhode IslandSupreme Court of the United States · 2001
- Phillips v. Washington Legal FoundationSupreme Court of the United States · 1998
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3Cited by3 opinions
- Hampshire Recreation, LLC v. Village of MamaroneckAppellate Division of the Supreme Court of the State of New York · 2026
- Matter of New Cr. Bluebelt Phase 3, Staten Is. Land Corp. (City of New York)Appellate Division of the Supreme Court of the State of New York · 2019
- Matter of New Cr. Bluebelt, Phase (Galarza--City of New York)Appellate Division of the Supreme Court of the State of New York · 2022