County of Niagara v. Bagwell

Niagara County appropriated 51.137 acres of land, zoned residential and agricultural, comprising an L-shaped parcel having frontage on two highways. Approximately five acres consisted of nursery property, with a multi-purpose building thereon. The remainder was farmland on which was located a main residence together with two other frame residences, one of which was rented for $40 per month. The record before us is so deficient in the quality of proof required to sustain the total *197award of $165,245.75 for this condemnation that the judgment must be set aside.

The Commissioners found that the…