You are here: / / Land Owner Entitled to “Rental-Value” Compensation for Area...
,

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

 

You might also like
QUESTIONS OF FACT ABOUT THE LIABILITY OF THE ELEVATOR COMPANY UNDER A NEGLIGENT MAINTENANCE THEORY OR A RES IPSA LOQUITUR THEORY REQUIRED THE DENIAL OF THE COMPANY’S MOTION FOR SUMMARY JUDGMENT; PLAINTIFF ALLEGED THE ELEVATOR SUDDENLY ACCELERATED AND THEN STOPPED (SECOND DEPT).
No Rigid Formula for a Constructive Trust
DEFENDANT CITY DEMONSTRATED IT DID NOT EXERCISE ANY SUPERVISORY CONTROL OVER THE MANNER OF PLAINTIFF’S WORK IN THIS LABOR LAW 200 ACTION; THEREFORE THE CITY’S MOTION FOR SUMMARY JUDGMENT SHOULD HAVE BEEN GRANTED (SECOND DEPT). ​
DEFENDANTS DID NOT DEMONSTRATE THE RAISED BRICK WAS A TRIVIAL DEFECT OR AN OPEN AND OBVIOUS DEFECT IN THIS SLIP AND FALL CASE, SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED 2ND DEPT.
APPEAL HELD AND MATTER REMITTED TO ALLOW DEFENDANT TO MOVE TO VACATE HIS GUILTY PLEA ON THE GROUND HE WAS NOT INFORMED OF THE DEPORTATION CONSEQUENCES (SECOND DEPT).
SPOLIATION WARRANTED STRIKING THE COMPLAINT (SECOND DEPT).
THE CITY’S STUDIES OF THE INTERSECTION WHERE INFANT PLAINTIFF WAS STRUCK BY A CAR WERE DONE IN THE SUMMER WHEN NO SCHOOL CHILDREN USED THE INTERSECTION, THEREFORE THE CITY WAS NOT ENTITLED TO SUMMARY JUDGMENT BASED ON THE DOCTRINE OF QUALIFIED IMMUNITY, THE STUDIES HAD CONCLUDED NO TRAFFIC CONTROL DEVICE WAS NECESSARY, SUPREME COURT REVERSED (SECOND DEPT).
No Probable Cause to Search Car Interior After Occupants Were Out of the Car and Patted Down

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Where Deportation As a Result of a Guilty Plea Is Not Mentioned by the Court,... Sole Eyewitness’ Testimony at Trial Indicating She Could Not Identify...