Former property owner brought action against county, seeking just compensation for property that county acquired through eminent domain.
Following bench trial, the Supreme Court, Herkimer County, entered judgment, determining the fair market value of the property was $575,600. Former owner appealed.
The Supreme Court, Appellate Division, held that the Supreme Court did not abuse its discretion in accepting comparable sales of county’s expert.
Trial court did not abuse its discretion in accepting comparable sales of county’s expert rather than comparable sales of former property owner’s expert in determining fair market value of owner’s property and amount of just compensation award for property that county acquired through eminent domain; even if comparable sales of county’s expert left “much to be desired,” trial court found that remote comparable sales of owner’s expert were derived from strikingly different markets, and trial court could accept sales of county’s expert as best basis for evaluating the property and utilize such sales with proper adjustment for differences from owner’s property.