76 N.Y.S. 766 | N.Y. App. Div. | 1902
This appeal is from an order made at the Special Term confirming in some respects and refusing to confirm in others the' report of commissioners of estimate appointed in the above-entitled matter, which is a proceeding taken by the armory board under the provi
Those who have been hereinbefore specifically named as owners of two or more adjoining lots contended before the commissioners that they were entitled to something more than the value of each lot and the building thereon; that by the fact of their being owners of contiguous lots which could be utilized as large blocks of land, their properties had an additional value from that circumstance alone and that such additional value should be allowed in enhance
That there exists in certain parts of the city of ISTew York, in connection with the ownership of land, such a thing as “ plottage ” value, is conceded by all the parties hereto, but so far as our knowledge and experience extends, it is an element of value in proceedings of this character, with which the courts heretofore have not been called upon to deal. We cannot, of course, take judicial notice that it attaches to any particular properties. What it is we can only know from evidence. From that contained in this record we find that it is an added percentage to the aggregate value of two or more lots held in one ownership, and that it arises from the fact that such lots thus held in ownership may be utilized for large buildings and to a much greater advantage than if each lot were separately built upon. What the characteristics of plottage are and whether adjoining lots can thus be advantageously used, must depend upon facts and conditions pertaining to each parcel, and as said before, the general nature of the “ plottage ” right is also a matter of which the court can only be informed by the testimony of those acquainted with it.
The great preponderance of testimony before the commissioners in this proceeding was to the effect that “ plottage ” value attached only to vacant lots or to lots valued irrespective of the buildings upon them separately considered. To utilize the whole area of contiguous lots for a single structure, the separate buildings standing upon the separate lots must be demolished. Such buildings would then be valuable only as old material. True, that in such a proceeding as this, the owner of the lots may claim the value of all his lots combined, with the superadded “ plottage ” value, but if he makes
In this case the owners named above have chosen to set up their claims and have received the awards for each separate lot and each building on each separate lot, and having presented their claims in that form and having been awarded what the commissioners have determined to be just compensation, we think they are entitled to no more, and that the order of the Special Term sending the report back to the commissioners must be reversed and their report confirmed as it was made, with costs to the city of Hew York against the respondents.
O’Brien, McLaughlin, -Hatch and Laughlin, JJ., concurred.
Order reversed and report of commissioners confirmed, with costs to the city against the respondents.