Legal Opinion
In re the County of Nassau
New York Court of Appeals
Decided June 7, 1977PublishedCited by 19 opinions
1Opinion of the Court
Memorandum. We agree with the Appellate Division that claimant has not demonstrated that the validity of the statutory prejudgment interest rate of 6% is constitutionally infirm. Compensation accruing at the time of vesting and for the period prior to an award in a condemnation proceeding "is payable as a substitute for the beneficial use of real property” (Matter of Rochester Carting Co. v Levitt, 36 NY2d 264, 268). Such compensation is awarded in these cases upon the theory that it is necessary to make it full compensation for the loss sustained by the landowner, and we are unable to agree…
2Cases cited1 opinion
- Rochester Carting Co. v. LevittNew York Court of Appeals · 1975
3Cited by19 opinions
- Miller v. United StatesUnited States Court of Claims · 1980
- In re the City of New YorkNew York Court of Appeals · 1983
- Metropolitan Transportation Authority v. American Pen Corp.New York Court of Appeals · 1999
- Auer v. StateAppellate Division of the Supreme Court of the State of New York · 2001
- In re South Bronx Neighborhood Development PlanNew York Supreme Court · 1981
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