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Pearce & Pearce Co. v. State New York

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eBook details

  • Title: Pearce & Pearce Co. v. State New York
  • Author : Supreme Court of New York
  • Release Date : January 25, 1970
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

[34 A.D.2d 1092 Page 1092] Memorandum: This appeal and cross appeal are confined to the issue of consequential damages to six parcels of commercial
property which had a depth of 140 feet before the appropriation. The State appropriated 17 feet from the front of those parcels
for highway widening purposes. The court, after evaluating the testimony of the appraisers for the claimant and the State
based upon market data, found a value of $2 per square foot before the appropriation. Claimant's expert testified that by
reducing the depth of these parcels to 123 feet the value of the remaining parcels was seriously impaired for further commercial
use whether developed or undeveloped and consequently damages were sustained to the extent of 25 cents a square foot. In arriving
at this figure he took into consideration modern depth charts, that the accepted minimum depth of land for [34 A.D.2d 1092
Page 1093]


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