The Elevated Railway Condemnation Case -- Another Analysis of the Property Interests Involved

Abstract

IN two previous Comments.in this volume, there have been discussions of a recent New York case involving rights to compensation on the dismantling of a part of the elevated railway system in New York City. When this system was built, the courts held that the railway company must make compensation to abutting owners for interference with light, air, and access. Now, upon dismantling the elevated structure, that interference ceases; and the railway company claims a right to compensation for the retaking of the easements of light, air, and access, retransferred, so it contends, to the abutting owners. The trial court sustained the claim and made an allowance of $750,000. The Appellate Division also sustained the claim, but allowed only $200,000..