Matter of County of Warren v. Forest Enterprises Mgt, Inc.

Court:	Appellate Division, Third Department
Citation:	182 A. D. 3d 729 (3rd Dept 2020)
Plaintiff/Respondent:	County of Warren (“Warren”)
Defendant/Appellant:	Forest Enterprises Mgt, Inc. (“Forest”)

Facts: Forest owned a parcel of law amounting to 97.48 acres. The parcel had various tax lots and two distinct parts to it. In 2006, Forest contemplated building a technological park on the entire site. These plans were interrupted by a taking for an airport runway easement. Of the total acreage, 3.86 acres were taken outright for the easement. In the lower court, Forest contended that the existence of the easement interfered with its rights to develop the entire acreage as a multi-use development with industrial use on the northern side of the parcel and commercial uses on the southern side. The original award offered to Forest was $327, 200. Both parties submitted appraisals. Warren’s appraiser only appraised that portion of the property directly affected by the airport runway easement. Forest’s appraiser considered the damages to the entire parcel. The lower court awarded damages of $297,000. Forest appealed.

Holding: The Appellate Division, Third Department determined that there were development plans by Forest for the entire acreage which were directly affected by the airport runway easement. The height of any new buildings on the property was restricted by this easement. The Appellate Division, Third Department did not consider Warren’s appraisal since it did not concern the entire property and determined that the value of the property was $2,038, 502. Forest was awarded $520, 242 for the diminished value of the property caused by the runway easement.

Submitted by: Philip Sanchez, Esq.(www.spnylaw.com)

Precis:Davida S. Scher