Humble Oil & Refining Co. v. State

New York Court of Appeals
Humble Oil & Refining Co. v. State, 12 N.Y.2d 861 (N.Y. 1962)
187 N.E.2d 791; 237 N.Y.S.2d 338; 1962 N.Y. LEXIS 819
Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster Concur

Humble Oil & Refining Co. v. State

Opinion

Per Curiam.

One of the surest guides in measuring damages occasioned by a partial taking of real property is the diminution in rental value resulting from the taking, that is, the difference in value before and after the taking. (See Orgel, Valuation under Eminent Domain [2d ed., 1953], ch. IV, p. 225 ei seq., *863 particularly §§ 64 — 65, pp. 290-302.) In this case, use of the capitalization method to assess the loss in such rental value — a method not employed by the Appellate Division — demonstrates that the ultimate finding made by that court is supported by the weight of the evidence. (Cf. Matter of Port of N. Y. Auth., 2 N Y 2d 296, 301; Sunnybrook Realty Co. v. State of New York, 9 N Y 2d 960.)

The judgment appealed from should be affirmed, with costs.

Chief Judge Desmond and Judges Dte, Fuld, Froessel, Van Voorhis, Burke and Foster concur.

Judgment affirmed.

Reference

Full Case Name
Humble Oil & Refining Company, Appellant, v. State of New York, Respondent
Cited By
5 cases
Status
Published