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Archive | Project Influence Rule

May 6, 2021

The Condemnor’s Burden to Demonstrate “But For” To Apply The Project Influence Rule

The Third Department got it right in Matter of State of New York v KKS Properties, LLC, 119 AD3d 1033, (July 3, 2014).  KKS Properties, LLC is one of those 1033decisions that make you cringe.  An award on an appropriation claim in the Court of Claims which is lower than the advance payment resulting in a judgment in favor of the State is an outrageous outcome for a compulsory taking of one’s property.  We have often advocated that there must be a minimum of “just compensation.”  A condemnor is required… read more

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Posted in Condemnation, Project Influence Rule, Severance Damages
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July 23, 2014

Third Department Gets The Project Influence Rule Right

The Third Department got it right in Matter of State of New York v KKS Properties, LLC, __ AD3d __, (July 3, 2014). The lower court’s decision in KKS Properties, LLC is one of those decisions that makes you cringe. An award on an appropriation claim in the Court of Claims which is lower than the advance payment resulting in a judgment in favor of the State is an outrageous outcome for a compulsory taking of one’s property. We have often advocated that there must be a minimum of “just compensation.”… read more

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Posted in Eminent Domain, Project Influence Rule, Published Articles, Recent cases
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