In re the Acquisition of Real Property by the County of Warren
Court: Appellate Division of the Supreme Court of the State of New York; November 5, 1997; New York; State Appellate Court
An appeal was made regarding a judgment from the Supreme Court concerning compensation for property condemned for the expansion of Quaker Road in Queensbury, Warren County. The subject property consisted of 1.15 acres taken from a 9.36-acre commercial lot. The petitioner, having acquired a permanent easement for sewer construction and road widening, initially paid the claimant $37,500, reflecting $32,609 per acre. Following a nonjury trial, the Supreme Court awarded the claimant $37,150, which the claimant appeals, seeking $550,000 due to alleged direct and indirect damages. The court emphasized that compensation must align with expert testimony and the measure of damages should reflect the difference in property value pre- and post-condemnation. The Supreme Court accepted the appraisal from the petitioner’s expert, Robert Strell, who argued that the condemnation minimally impacted the remaining property, allowing for similar commercial development post-taking. In contrast, the claimant's appraiser, Robert Cote, claimed the property's value and potential use diminished significantly due to restricted access, a stance the court rejected based on Strell’s findings. Ultimately, the court affirmed the lower court's ruling, supporting the opinion of Strell and finding no substantial basis to alter the awarded compensation. All of the claimant's additional arguments were dismissed as meritless, leading to the affirmation of the judgment without costs.