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Real Estate & Property Law

: Law of the Land

Condemnee?s Failure to Show State?s Temporary Easement for Grading Purposes Affected Marketability of Parcel Bars Sales Prospect as Measure of Damages

By Patty Salkin

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The formula for measuring damages when a mere temporary easement encumbers a parcel?s highway frontage was set out by the Court of Appeals in Village of Highland Falls v. State, 44 N.Y.2d 505, 406 N.Y.S.2d 446, in 1978, where the Court stressed that an award made after the easement has expired should be based on [...]

Full post as published by Law of the Land on July 25, 2008 (boomark / email).

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Proper Measure of Damages For a Claim Against Title Insurance for Newly Discovered Encumbrance is the Difference Between the Value of the Entire Tract While Encumbered and the Value of the Entire Tract Without Encumbrances.

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