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Eminent Domain Law
State May Recover Part of Advance Payment from Condemnee
Elpa Builders, Inc. v. State NYLJ 7/16/21, p. 24, col. 3 AppDiv, Second Dept. (memorandum opinion)
In an action to recover damages for a partial taking of property, landowner appealed from a Court of Claims judgment awarding the state $18,540, the difference between the state's advance payment and the damages assessed after trial. The Appellate Division affirmed, holding that the Court of Claims judgment was supported by evidence, and that the statute permitting the state to recover the balance was constitutional.
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