The opinion of the court was delivered by: CAMPBELL
CAMPBELL, District Judge.
This is a condemnation action.
The issue presented before me on this hearing is the determination of the market value, and the just compensation to be paid for the acquisition of 2.40713 acres of land in the Village of Garden City, County of Nassau, State of New York, upon which there has been erected a three-story brick and concrete warehouse.
The proceeding was instituted by the filing of a petition in condemnation on October 13, 1942, which sought the acquisition of the property in fee simple.
The acquisition of another parcel adjoining the subject property to the north, owned by Atlantic Warehouses, Inc., a subsidiary of The Great Atlantic & Pacific Tea Company, was also sought in this action, but a stipulation of settlement and final order as to that parcel has been heretofore filed herein, and we have no further concern with it.
On the same day, October 13, 1942, an order for immediate possession was duly entered directing that possession of the subject property be delivered to the Petitioner-Plaintiff for the public use.
Thereafter and on December 19, 1942, a declaration of taking was filed and simultaneously a deposit was mde as required by Title 40, Section 258a, U.S.C.A., and title was vested in the petitioner-plaintiff.
On the same day, December 19, 1942, an amended notice and petition was filed with the declaration of taking, and on the same day a judgment on the declaration was entered.
On April 26, 1943, a judgment of condemnation was duly entered, and the hearing directed thereby by the Court to judicially determine the fair market value, and just compensation required to be paid for the taking of said property has been brought on for trial before this Court without a Jury.
I have viewed the property here in question, but such view was after the taking and after a new subdivision of the interior of the building was made.
The subject property at the time of taking was owned by the Warehouse Building Corporation, formerly Chain Store Corporation, by deed from Leslie L. Leveque and wife dated February 20, 1929, who had acquired it from John Breckenridge by deed dated January 22, 1922.
The parcel to the north was conveyed by Breckenridge to the Atlantic Warehouses, Inc., by deed dated November 11, 1929.
Prior to the conveyance to Leveque, and on December 29, 1937, Breckenridge made a lease of the subject property to The Great Atlantic & Pacific Tea Company, together with a right of ingress and egress over a strip 30 feet in width as an outlet to Stewart Avenue. The said lease provided that it should commence on June 1, 1928, and was for the term of ten years and five months, at a yearly rental of $31,000, based upon 73,962 square feet.
Leveque when the conveyance was made to him was to construct a three-story brick and concrete warehouse.
By said lease there was also granted to the Chain Store Company the privilege of two five-year renewals, under the same terms and ...