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· 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).

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.