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River Center LLC v. The Dormitory Authority of New York

Petition for certiorari denied on April 30, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
11-922 N.Y. App. Div. N/A N/A N/A N/A OT 2011

Issue: (1) Whether the Fifth Amendment permits a state to deny compensation to an owner for loss of the reasonably probable development potential of a condemned development site taken through eminent domain proceedings, unless the property owner can show that development will come to fruition in the near future; (2) whether, in awarding just compensation under the Fifth Amendment, a state may exclude damages resulting from deliberate governmental interference with a development project that delays development and suppresses the property’s value at the time of the taking over what it would otherwise have been; and (3) whether the Fifth Amendment permits a court in a condemnation proceeding to restrict evidence of value to the testimony of appraisers and to exclude or ignore otherwise competent testimony of property value (a) from the property’s owner, and (b) from third parties able to provide market-based evidence of value, such as financing proposals and offers to lease and buy.

Briefs and Documents

Certiorari-stage documents