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UNITED STATES v. 44

June 16, 1942

UNITED STATES
v.
44,549 SQUARE FEET OF LAND IN BOROUGH OF BROOKLYN, N.Y., et al.



The opinion of the court was delivered by: CAMPBELL

CAMPBELL, District Judge.

This case comes before this court to determine the fair market value, as of April 14, 1941, the day of taking, of the land and improvements of Parcels Nos. 9, 15, 16, 20, 22, and 23, and to determine whether trade fixtures the property of the tenants, if any, of the barbershop, and the carpenter shop, on Damage Parcel No. 20, were taken and the sound value thereof.

I have viewed the land included, and taken, herein, but such view was taken after the improvements on the premises had been removed, and a new building had been erected thereon.

 There is a sharp conflict in the evidence both as to the value of land and buildings.

 The evidence as to land values offered on behalf of defendants, the unit being the value per front foot, is not easy of application as the lots all differ in depth, which would make is necessary to differ that unit as to each lot.

 Park Avenue is a business Street, and the land fronting on Park Avenue has a greater square foot value than the land fronting on North Portland Avenue.

 In a lot 20 X 100, two-thirds of its value is found in front 50 feet and one-third of its value in the rear 50 feet.

 I have, therefore, fixed as the unit of value of Parcels Nos. 9, 15, and 16, fronting on North Portland Avenue, substantially $1.80 per square foot for the first 50 feet in depth from the avenue, and 90 cents per square foot for the depth of the property beyond the first 50 feet.

 For Parcels Nos. 20, 22 and 23, fronting on Park Avenue, I have fixed as the unit of value substantially $2.10 per square foot for the first 50 feet in depth, from the avenue, and $1.05 per square foot for the depth of the property beyond the first 50 feet.

 No such unit of value can be fixed for the improvements, but I have considered them in relation to what they added to the value of the land from many angles, such as replacement, less depreciation and obsolescence, by capitalizing the rentals, and what would be their fair market value on the market with the land as a real estate proposition, considered with reference to other sales and in other ways of comparison.

 I find the fair market value of the said parcels, and the division thereof between land and improvements, to be as follows:

 Parcel No. 9 fair market value $5,798 divided into land $2,398 improvements $3,400.

 Parcel No. 15 fair market value $5,818 divided into land $2,418 improvements $3,400.

 Parcel No. 16 fair market value $4,743 divided into land $2,143 ...


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