before and after rule (Connecticut) · Go Syfert
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before and after rule in Connecticut

6 Connecticut opinions name it 3 courts 1946–2005 0 in the last five years

The cases below were cited by Connecticut courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Connecticut.

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
D'ADDARIO v. Commissioner of Transportation green
conn · 1980
2 sentences

2005In awarding severance damages of $2500, the court properly made an independent determination of what was fair under the circumstances, necessarily relying on its “general knowledge and its viewing of the premises.” D’Addario v. Commissioner of Transportation, 180 Conn. 355, 366 , 429 A.2d 890 (1980).

1997"Damages recoverable for a partial taking are measured by application of the before and after rule to determine the difference between the market value of the whole tract as it lay before the taking and the market value of what remained of it thereafter, taking into consideration the changes contemplated in the improvement and those which are so possible of occurrence in the future that they may reasonably be held to affect market value. . . ." "In condemnation proceedings, the trial court is more than a trier of facts or an arbiter of differing opinions of witnesses; it is charged with the du

21997–2005
Gontarz v. Town of Berlin green
conn · 1967
2 sentences

2005Id., 697 .

1999Gontarz v. Berlin , 154 Conn. 695 , 697 , 229 A.2d 29 (1967).

21999–2005
Alemany v. Commissioner of Transportation green
conn · 1990
2 sentences

1999As the court in Alemany v. Commissioner of Transportation , 215 Conn. 437 , 442 , 576 A.2d 503 (1990) said of an owner who retains the fee simple interest in easement-encumbered property, "[He] has retained substantial beneficial rights to the property . . . [He] can make full use of CT Page 11742 the easement area for this own purposes, provided those uses are not inconsistent with the [Commissioner's] easement." Second, the before-and-after rule is not being followed when the damages are computed by measuring the amount of land taken and then multiplying the amount of land taken by an applie

1999As the court in Alemany v. Commissioner of Transportation , 215 Conn. 437 , 442 , 576 A.2d 503 (1990) said of an owner who retains the fee simple interest in easement-encumbered property, "[He] has retained substantial beneficial rights to the property . . . [He] can make full use of CT Page 11742 the easement area for this own purposes, provided those uses are not inconsistent with the [Commissioner's] easement." Second, the before-and-after rule is not being followed when the damages are computed by measuring the amount of land taken and then multiplying the amount of land taken by an applie

21999–1999
Laurel, Inc. v. Commissioner of Transportation green
conn · 1980
2 sentences

2005Laurel, Inc. v. Commissioner of Transportation, 180 Conn. 11, 36 , 428 A.2d 789 (1980) (when before and after rule applied, “[severance damages to the parcel remaining are thereby included”); see also 8A P. Nichols, Eminent Domain (3d Ed. Rev. 2005, P. Rohan & M.

2005Laurel, Inc. v. Commissioner of Transportation, 180 Conn. 11, 36 , 428 A.2d 789 (1980) (when before and after rule applied, “[severance damages to the parcel remaining are thereby included”); see also 8A P. Nichols, Eminent Domain (3d Ed. Rev. 2005, P. Rohan & M.

12005–2005
Northeastern Gas Transmission Co. v. Ehrhorn neutral
conn · 1958
2 sentences

2001For the application of such rule the Commissioner cites the authority found in Northeastern Gas Transmission Co. v. Sunhom, 145 Conn. 83 , 86 , 139 A.2d 53 (1958).

2001For the application of such rule the Commissioner cites the authority found in Northeastern Gas Transmission Co. v. Sunhom, 145 Conn. 83 , 86 , 139 A.2d 53 (1958).

12001–2001
Young v. Town of West Hartford green
conn · 1930
2 sentences

1946Heublein, Inc. v. Street Commissioners, 109 Conn. 212, 215 , 146 Atl. 20 ; Bissell v. Bethel, 113 Conn. 323, 327 , 155 Atl. 232 ; Young v. West Hartford, 111 Conn. 27, 34 , 149 Atl. 205 ; see South Buffalo Ry.

1946Heublein, Inc. v. Street Commissioners, 109 Conn. 212, 215 , 146 Atl. 20 ; Bissell v. Bethel, 113 Conn. 323, 327 , 155 Atl. 232 ; Young v. West Hartford, 111 Conn. 27, 34 , 149 Atl. 205 ; see South Buffalo Ry.

11946–1946
G. F. Heublein, Inc. v. Board of Street Commissioners neutral
conn · 1929
2 sentences

1946Heublein, Inc. v. Street Commissioners, 109 Conn. 212, 215 , 146 Atl. 20 ; Bissell v. Bethel, 113 Conn. 323, 327 , 155 Atl. 232 ; Young v. West Hartford, 111 Conn. 27, 34 , 149 Atl. 205 ; see South Buffalo Ry.

1946Heublein, Inc. v. Street Commissioners, 109 Conn. 212, 215 , 146 Atl. 20 ; Bissell v. Bethel, 113 Conn. 323, 327 , 155 Atl. 232 ; Young v. West Hartford, 111 Conn. 27, 34 , 149 Atl. 205 ; see South Buffalo Ry.

11946–1946
Bissell v. Town of Bethel green
conn · 1931
2 sentences

1946Heublein, Inc. v. Street Commissioners, 109 Conn. 212, 215 , 146 Atl. 20 ; Bissell v. Bethel, 113 Conn. 323, 327 , 155 Atl. 232 ; Young v. West Hartford, 111 Conn. 27, 34 , 149 Atl. 205 ; see South Buffalo Ry.

1946Heublein, Inc. v. Street Commissioners, 109 Conn. 212, 215 , 146 Atl. 20 ; Bissell v. Bethel, 113 Conn. 323, 327 , 155 Atl. 232 ; Young v. West Hartford, 111 Conn. 27, 34 , 149 Atl. 205 ; see South Buffalo Ry.

11946–1946

Where else courts name it

MS 40 (1959–2025) TX 10 (1990–2024) WY 9 (1977–2020) CT 6 (1946–2005) CA 4 (1997–2018) LA 4 (1977–1994) NY 4 (1974–2022) PA 3 (1911–1993) MD 2 (2023–2023) AR 2 (1960–1976) NM 2 (2004–2008) WA 2 (1957–2006)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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