Con Edison v. City of Yonkers Industrial Development Agency

WESTCHESTER COUNTY
CONSTITUTIONAL LAW

New York Law Journal

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Justice John LaCava

A trial of an Eminent Domain Procedure Law Article 5 proceeding challenged the valuation by the condemnor City of Yonkers Industrial Development Agency of the real property taken in eminent domain from claimant Consolidated Edison. The property consists of some seven acres of land used for the operation of high-voltage electrical transmission and distribution lines and an electric substation. The court granted Con Ed's claim for compensation for the taking conducted by condemnor, ordering it to pay Con Ed $1,715,000 as compensation, with interest, from the date of the taking. The court noted the extensive testimony at trial that, before the taking, the parcel as a whole was used to support an electric substation, and the partial taking had no effect on the continued use of the electrical substation on the property. Thus, the court determined the ceiling, based on Con Ed's appraisal, their appraiser's trial testimony, and the corresponding market values, as well as the floor, based on the condemnor's appraiser's trial testimony, his prior appraisal, and the corresponding market values.

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