We have often advocated that there must be a minimum of “just compensation” for the taking of property. A condemnor is required to appraise property before a taking based on its highest and best use and make an offer in the amount that is 100 percent of its highest approved appraisal. If the offer is not accepted as payment in full, the condemnee can accept same without prejudice as an advance payment. This amount should be deemed the minimum amount of just compensation.
In Matter of State of New York v. KKS Properties, __AD3d__, (July 3, 2014), the Court of Claims ordered an award on an appropriation claim which was lower than the advance payment—an outrageous outcome for a compulsory taking of one’s property. The result was a judgment in favor of the state. The decision by the Appellate Division, Third Department, in reversing, was significant in its holding regarding the burden of proof when a change of zoning occurred to the property prior to the taking.
Project and Rezoning
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
