Spano v. State, 22 A.D.2d 757 (N.Y. App. Div. 1964). · Go Syfert
Spano v. State, 22 A.D.2d 757 (N.Y. App. Div. 1964). Cases Citing This Book View Copy Cite
7 citation events (4 in the last 25 years) across 3 distinct courts.
Strongest positive: Emeryville Redevelopment Agency v. Elementis Pigments, Inc. (calctapp, 2002-08-09)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see" Emeryville Redevelopment Agency v. Elementis Pigments, Inc. (2×)
Cal. Ct. App. · 2002 · signal: see · confidence high
Proc., supra, foll. § 1263.210, p. 26.) Although we know of no case so stating, we have little doubt that California law incorporates the principle of “consistent use,” i.e., “that land cannot be valued based on one use while improvements are valued based on another.” (Appraisal Institute, The Appraisal of Real Estate (12th ed. 2001), p. 324; see Spano v. State of New York (1964) 22 A.D.2d 757 [ 253 N.Y.S.2d 730 ] [“It was error ... to award anything for the value of the buildings while at the same time fixing the land value for commercial usage since the two bases are entirely inco…
Retrieving the full opinion text from the archive…
Maria Spano
v.
State of New York
Claim No. 40632.
Appellate Division of the Supreme Court of the State of New York.
Oct 29, 1964.
22 A.D.2d 757
1964 N.Y. App. Div. LEXIS 2903
Cited by 6 opinions  |  Published

—Judgment unanimously modified on the law and facts in accordance with the memorandum and as modified affirmed, without costs of this appeal to either party. Certain findings of fact and conclusions of law disapproved and reversed and new findings and conclusions made. Memorandum: The claimant was awarded $55,500 for the entire taking of her property. It was conceded that the highest and best use for this property was commercial. At the time of the appropriation there was a dwelling house and combination garage and workshop on the property. The trial court awarded $40,850 as the market value of the land and $14,700 for the value of the buildings. The expert for the claimant as well as the State testified the buildings would of necessity have to be removed from the property to permit its use for commercial purposes. It was error, therefore, to award anything for the value of the buildings while at the same time fixing the land value for commercial usage since the two bases are entirely inconsistent (New York Cent. Hudson Riv. R. R. Co. v. Domproff, 63 Misc. 211; Matter of Erlanger, 237 N. Y. 159). Under the facts here the commercial value of the land was in no way enhanced by the value of the buildings (Matter of City of Rochester [Smith St. Bridge], 234 App. Div. 583). Following acquisition of the property the State did salvage $100 by the sale of the buildings. This, of course, should inure to the benefit of the claimant by being added to the award for the land. (Appeal from a judgment of the Court of Claims for claimant on a claim for permanent appropriation of realty.) Present — Williams, P. J., Bastow, Goldman, Noonan and Del Yecehio, JJ.