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COUNTY OF NIAGARA v. DONOHUE

35 A.D.2d 286 (1970)

County of Niagara, Appellant, v. Paula C. Donohue et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 3, 1970.

Attorney(s) appearing for the Case

Samuel L. Tavano, County Attorney (F. Warren Kahn of counsel), for appellant.

George M. Donohue for respondents.

GOLDMAN, P. J., MARSH, MOULE, BASTOW and HENRY, JJ., concur.

Per Curiam.

The county appropriated some 23 acres of land owned by defendants. The land was raw acreage but the real estate experts for the respective parties were in agreement that the highest and best use of the property was for residential development. The correct rule of appraisal is "to treat the premises not as raw acreage nor as part of a completed development but as a potential subdivision site giving the acreage...

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