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GEN CRUSHED STONE CO v. STATE

93 N.Y.2d 23 (1999)

709 N.E.2d 463

686 N.Y.S.2d 754

GENERAL CRUSHED STONE COMPANY, Appellant, v. STATE OF NEW YORK, Respondent.

Court of Appeals of the State of New York.

Decided February 23, 1999.

Attorney(s) appearing for the Case

Hancock & Estabrook, L. L. P., Syracuse (William L. Allen, Jr., of counsel), for appellant.

Eliot Spitzer, Attorney-General, Albany (Michael S. Buskus, Barbara G. Billet and Peter H. Schiff of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, WESLEY and ROSENBLATT concur; Judge LEVINE taking no part.

OPINION OF THE COURT

CIPARICK, J.

In fairness to a private property owner forced to litigate the value of its property when the State comes forward with an unreasonably low offer in effecting a taking of that property, the Legislature enacted section 701 of the Eminent Domain Procedure Law. This section allows the owner to apply for allowances— litigation costs expended to ensure just compensation....

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