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Eminent Domain Law
No Consequential Damages When State Takes Neighbor's Land
RA Three RDS, LLC v. State of New York NYLJ 2/8/19, p. 32, col. 3 AppDiv, Second Dept. (memorandum opinion)
In an action to recover damages for a partial taking, claimant appealed from a Court of Claims order granting summary judgment to the state dismissing a consequential damages claim. The Appellate Division affirmed, holding that landowner could not obtain consequential damages for diminution in value resulting from the state's use of a neighbor's land.
The state appropriated two parcels owned by landowner, and exercised a temporary easement for a work area over two other parcels. The state also appropriated the land of a neighbor, on which the state built a drainage recharge basin. Landowner filed a claim for the taking of its property, and also sought damages for the decrease in aesthetic appearance of its property resulting from construction of the recharge basin on the neighbor's property. The state moved for summary judgment on the claim for consequential damages resulting from construction of the recharge basin. Supreme Court granted the motion. Landowner appealed.
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