· 2/21/1941
Gaither v. David Hamberger, Inc.
Citations
- 261 A.D. 894
- 26 N.Y.S.2d 313
- 1941 N.Y. App. Div. LEXIS 7968
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating the threat of condemnation generally does not constitute a taking and any changes in value are incidents of ownership
- distinguishing condemnation blight principles from the concept of a de facto taking
- de facto taking requires a showing of physical invasion or direct legal constraint on the property
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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