Criscuola v. Power Authority

OPINION OF THE COURT

Bellacosa, J.

Appellants are claimants who seek direct and consequential market value damages for a high voltage power line easement acquired by the Power Authority of the State of New York (PASNY) over their Delaware County property. The only issue before us centers on the claim for consequential damages, based on the claimants’ assertion that "cancerphobia” and the public’s perception of a health risk from exposure to electromagnetic emissions from power lines negatively impact upon the market value of their property and "will render the remainder valueless.” They argue…