Legal Opinion

In re the Acquisition of Real Property by the State

Appellate Division of the Supreme Court of the State of New York

Decided July 3, 2014Published

1Opinion of the CourtStein, J.

Appeal from a judgment and an order of the Court of Claims (Weinstein, J.), entered July 10, 2013 and June 27, 2013, which, among other things, in a proceeding pursuant to EDPL articles 4 and 5, determined the compensation due claimant as a result of petitioner’s acquisition of certain real property.

Claimant, KKS Properties, LLC, was the owner of a 31.77-acre parcel of real property on New Scotland Road in the Town of Bethlehem, Albany County, which it acquired in January 2006. On May 12, 2006, in conjunction with the construction of an extension of State Route 85 — also known as the…

2Cases cited18 opinions

  1. United States v. MillerSupreme Court of the United States · 1943
  2. United States v. ReynoldsSupreme Court of the United States · 1970
  3. In re the City of New YorkNew York Court of Appeals · 1969
  4. Latham Holding Co. v. State of NYNew York Court of Appeals · 1965
  5. Yaphank Development Co. v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1994

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