Archive | Easements

THAT PERMANENT EASEMENT IS REALLY A FEE TAKING IN DISGUISE

Often the State of New York will appropriate property for a highway project by utilizing three different types of takings, full fee takings, temporary easements and permanent easements.  Some appropriation maps will indicate all three types of takings.  The fee taking is valued on all damages which result, direct and any severance or consequential damages to the remainder. The temporary easement is valued at a rental value plus imputed expenses such as real estate taxes.  In addition, if the continued existence of the temporary easement causes damage to the remainder,… read more

Posted in Easements, Partial Takings
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