Fourth Department – Eminent domain: Rag Herkimer LLC v. Herkimer County

New York State Supreme Court, Appellate Division, Fourth Judicial Department

Eminent domain

Just compensation – Comparable markets

Rag Herkimer LLC v. Herkimer County

CA 21-01611

Appealed from Supreme Court, Herkimer County

Background: The plaintiff appealed from a decision that determined the fair market value of certain real property that had been acquired by the defendant through eminent domain.

Ruling: The Appellate Division affirmed. The court held that it was not in error to accept comparable sales of the defendant’s expert rather that the plaintiff’s expert’s comparable sales. Whether to accept evidence of remote sales, such as those relied upon by the plaintiff’s expert, is matter committed to the court’s discretion and depends on the nature and character of the property involved. The court had concluded that the comparable sales from the plaintiff’s experts were derived from strikingly different markets.

Michael J. Longstreet, of Longstreet & Berry, for the plaintiff-appellant; Christopher W. Rust, of the West Firm, for the defendant-respondent.