US-New York

How is just compensation determined in a New York condemnation case?

No deduction for public use benefit

Fair market val

Standard measure

Date of vesting

Valuation date

Jury trial

Right to jury on value

The Short Answer

Just compensation in a New York condemnation case is generally the fair market value of the property taken, determined as of the date of the vesting of title or the commencement of possession, whichever is earlier.

What the Law Says

New York law defines just compensation in condemnation proceedings under the Eminent Domain Procedure Law (EDPL). The central principle is that property owners must receive full and fair payment for property taken by the government.

Under New York law, just compensation is the fair market value of the property interest taken — not what the owner paid for it, nor its sentimental value, but what a willing buyer would pay a willing seller in an open market transaction.

The valuation date is critical: it is fixed as 'the date of the vesting of title or the commencement of possession by the condemnor, whichever is earlier.' This prevents owners from being penalized by market fluctuations after the taking begins.

Importantly, New York courts have held that no deduction may be made from fair market value because the property will be used for a public purpose — the public benefit does not reduce what the owner is owed.

Statutory Text
Just compensation shall be the fair market value of the property so taken...
— EDPL § 701 — Just Compensation

Statutory Text
The date of valuation shall be the date of the vesting of title or the commencement of possession by the condemnor, whichever is earlier.
— EDPL § 702 — Date of Valuation

What Courts Have Said

New York courts have consistently interpreted EDPL provisions to protect property owners’ rights to full, untainted fair market value.

Matter of City of New York v. 215 E. 68th St. Corp.

NY Court of Appeals · 1984

Held that just compensation must reflect fair market value without reduction for the public benefit of the project — the condemning authority cannot offset its obligation by citing societal gains.

Matter of Village of Westbury v. Dalsimer

NY Court of Appeals · 1978

Confirmed that the valuation date is strictly the earlier of title vesting or possession, and post-taking changes in value are irrelevant to compensation.

What to Do

Confirm the exact date title vested or possession began — this fixes your valuation date.

Obtain a qualified, independent appraisal of fair market value as of that date.

Review whether severance damages apply if only part of your property was taken.

Demand a jury trial on the issue of value if you dispute the condemnor’s offer.

Consult an experienced eminent domain attorney before signing any agreement or accepting payment.

Sources

statuteEDPL § 701 — Just Compensation statuteEDPL § 702 — Date of Valuation caseMatter of City of New York v. 215 E. 68th St. Corp., 54 N.Y.2d 401 (1984)caseMatter of Village of Westbury v. Dalsimer, 43 N.Y.2d 880 (1978)

Same Question, Other Jurisdictions

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.