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Condemnation Award Will Not Be Disturbed On Appeal If Based On Evidence

By Steven Silverberg and Katherine Zalantis

An appellate court upheld an award for condemnation of land underwater as well as denial of consequential damages for a partial taking, in a case where part of a residential subdivision was taken for parkland. In Matter of Board of Commr. of Great Neck Park Dist. of Town of N. Hempstead v Kings Point Hgts., LLC, the Appellate Division Second Department upheld the decision of the lower court noting that if the lower court's "explanation of its award is supported by the evidence, it is entitled to deference and will not be disturbed on appeal...." The property at issue was just over 6 acres, including almost an acre of underwater land. The taking was 2.3 acres, including the underwater land. The property owner sought consequential damages claiming that by creating a park the value of the remaining land it owned was reduced, as the park reduced privacy...continue to full post

Full post as published by New York Zoning and Municipal Law Blog on June 06, 2010 (boomark / email).