The opinion of the court was delivered by: BYERS
Pursuant to declaration of taking of December 19, 1940, the petitioner acquired three parcels of unimproved real estate, in the township of Babylon, Suffolk County, Long Island, in the State of New York, and it is the duty of the Court to find and state the fair and reasonable value thereof at that date.
Whether the Court could legally do this, or whether the finding should be made by Commissioners of Appraisal, is a point which has been reserved by the claimants, who offered their proof without prejudice to their right to urge upon appeal that the second method alone is legally appropriate.
For reasons stated in United States v. Certain Lands, etc., D.C., 43 F.Supp. 578, it has been deemed proper for the Court to establish the values in this case.
I have visited and examined these properties since the testimony was taken, for such assistance as might thereby be derived, in reaching the conclusions herein stated.
The following diagram, although not quite to scale, fairly shows the damage parcels, their respective dimensions and acreage, and their location with respect to the plant of Republic Aviation Corporation.
These properties are approximately 1 1/4 miles east of the Village of Farmingdale and about 1 mile from the Farmingdale station of the Long Island Railroad, Central Division.
[See Illustration in Original]
1. When the declaration was filed on December 19, 1940, damage parcels A and C were solely owned by the claimant Justine L. Lambert; and damage parcel B was jointly owned by the said Justine L. Lambert and Joseph W. Kay as tenants in common in equal shares.
2. Parcel A comprised 16.76 acres.
3. Parcel B comprised 197.41 acres.
4. Parcel C comprised 28.71 acres.
5. All of said parcels were vacant and unimproved land, covered with small sparce growth of pine trees, brush, undergrowth, and some scrub oak. The soil was sandy and incapable of ...