Kurnick v. State
Opinion of the Court
Judgment unanimously affirmed, with costs. Memorandum: The State appeals from a judgment of the Court of Claims which awarded claimant $25,800 for damages resulting from the total permanent appropriation of claimant’s property in the City of Buffalo, New York, for highway purposes. The subject premises on the date of the appropriation on August 27, 1969 was improved with a combination two and one story masonry commercial building covering the entire lot. Claimant’s appraiser used an income approach, employing a 9% rate for land and a 14% rate for improvements, and arrived at a valuation of $35,500. The State’s appraiser in his income approach used an over all capitalization rate of 13.343% in arriving at a valuation of $17,300. The State’s contention that it was improper for the trial court, without explanation, to use a 6% interest rate to obtain land value and an 11% capitalization rate to obtain improvement value, whereas claimant’s appraiser utilized a rate of 9% and 14% respectively, and the State’s appraiser utilized a cash flow technique involving an over all capitalization rate of 13.343% from which percentage figure a pure interest rate cannot be rationally extrapolated, is without merit. In the valuation of property by use of the capitalization of income approach, there is no fixed rule as to the rate of capitalization (Matter of City of New York [Seventh Ave.], 196 App Div 451, affd 240 NY 680), although it has been held that the basis of the rate used in a specific case must be established by factual data supporting such rate (Matter of City of N. Y. [First Elephant Estate—La Hermosa Church], 17 AD2d 317; Matter of City of New York [Bellevue Hosp.], 132 Misc 774; see, also, United States v Tampa Bay Garden Apts, 294 F2d 598; 5 Nichols, Eminent Domain [3d ed], § 19.23). As a general rule, "The rate of capitalization * * * should be * * * a reflection of the market rate, that is, what the investment market requires in return from a property of the age, kind, condition and location as the subject property. As such, it is a matter for proof and argument” (Matter of City of N. Y. [First Elephant Estate—La Hermosa Church], supra, p 324). Thus the capitaliza
Case-law data current through December 31, 2025. Source: CourtListener bulk data.