Court of Appeals of New York

In an action to recover compensation for an alleged regulatory taking of its property when the State Department of Transportation required the closure of a railroad crossing that claimant had used to move equipment from one part of its land to another, judgment for defendant is affirmed, where: 1) closure of the crossing was a proper exercise of the State's police power; and 2) claimant has failed to show the extent to which the Department's action diminished the value of its land, and has not argued that its easement to cross the railroad tracks should be treated for these purposes as an item of property separate from the land itself.

Appellate Information

• Decided 06/26/2013
• Published 06/26/2013

Judges

Court

• Court of Appeals of New York

Counsel