Michael Rikon Burden of Proof vs. Search for Highest and Best Use
In his Condemnation and Tax Certiorari column, Michael Rikon discusses the recent Fourth Department decision, 'West Gates CIP v. State of New York', where the court affirmed an award in a partial taking which only awarded direct damages, and stated: "Where, as here, claimant contends that the highest and best use of the property is something other than its current or existing use, it must be shown 'that there is a reasonable probability that its asserted use could or would have been made within the reasonably near future.'"
February 18, 2022 at 12:00 PM
8 minute read
A recent decision by the Fourth Department, West Gates CIP v. State of New York, __ A.D.3d ___, 2022 NY Slip Op 00597 (Jan. 28, 2022) affirmed an award in a partial taking which only awarded direct damages.
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