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Land Owner Entitled to “Rental-Value” Compensation for Area Encompassed by Temporary Easement for Roadway Widening Project, Not “Rental-Value” Compensation for the Entire Parcel

The Second Department affirmed the Court of Claims ruling that a temporary easement along the roadway taken by the state during a road-widening project did not affect the entire parcel.  Therefore the proper measure of compensation was the rental value of the area encompassed by the easement, not the rental value of the whole:

Generally speaking, a claimant is entitled to compensation for any loss suffered as a result of the taking of a temporary easement … . There is, however, no recovery where there is no loss … . Indeed, ” compensation need not be paid for the State’s taking of a temporary easement when there is no actual interference with the property owner’s use of his [or her] property'” … .

Where a taking of a temporary easement encumbers a parcel’s entire highway frontage, as in the instant case, the measure of damages is “the rental value of the land encompassed within the temporary easement for so long as the easement is in effect plus, as consequential damages, the rental value of the parcel’s unencumbered interior acreage for any period of time when highway access was not possible by virtue of the easement’s use” … . A condemnee is entitled to consequential damages comprising the rental value of the parcel’s unencumbered interior acreage for the easement’s duration only if the condemnor does not meet its burden of proving the duration of the “interval of actual obstruction,” or if the condemnee establishes that the “mere existence” of the temporary easement interfered with highest and best use of the property “in more than a conjectural sense” … . Ronmar Realty Inc v State of New York, 2014 NY Slip Op 07343, 2nd Dept 10-29-15

 

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