How this document has been cited
—is no justification for continuing a reorganization proceeding, unless either or both of the following conditions are established:(1) a reasonable prospect that, because of streamlining, consolidations, and other changes in circumstances, earning power and profitability can be restored; or (2) a reasonable prospect that the public need for preserving the debtor's railroad is …
- in Regional Rail Reorganization Act Cases, 1974 and 3 similar citations
Contrary to the majority's point, moreover, the New York Court of Appeals has explicitly considered public value in determining just compensation for a government taking of private property.
- in IN RE SEPTEMBER 11 LITIGATION, 2015 and 2 similar citations
—discussed in our CMV Opinion, supra, 445 F. Supp. at 1027-29, and again in our Rail Use Opinion, supra, 531 F. Supp. at 1325-26.
- in MATTER OF VALUATION PROC. UNDER §§ 303 (C) & 306, 1984 and one similar citation
This court has subsequently held that a condemnee is entitled to going concern value where the condemnor continues to operate a transit facility, although it is clear that the condemned facility is "inherently incapable" of operating at a profit
- in MTR. OF CITY OF NY (FIFTH AVE. COACH LINES), 1968 and one similar citation
Such a situation presents a valuation problem not easily resolved, as evidenced by the decisions of courts in other jurisdictions which have considered the issue
- in Milwaukee & Sub. Transp. v. Milwaukee County, 1978 and one similar citation
Therefore, in cases such as this, it has been suggested that the court look to the value that the utility has to the condemnor to arrive at a damage amount.
- in Stagecoach Utilities v. Stagecoach Gen. Imp. Dist., 1986 and one similar citation
Third, it is uniformly held that mere perjured testimony, without proof that the prosecution knew it was false, is insufficient basis for a new trial.
- in Hamann v. State, 1982 and one similar citation
Additionally, on cross-examination it has been permissible for an adverse party to inquire into the, subject matter of the witness' expertise including any data, or other criteria, supporting the opinion
—five of the cases awarded original cost (OC), original cost less depreciation (OCLD) or an amount between OCLD and scrap value; four awarded reproduction cost new less depreciation (RCNLD).
—of Appeals dealt with a public taking of railroad tunnels under the Hudson River owned by a company in reorganization and having only a "dim financial future...."
Cited by
454 F. 2d 572 - Court of Appeals, 5th Circuit 1972
464 F. 2d 347 - Court of Appeals, 5th Circuit 1972
399 US 392 - Supreme Court 1970
479 F. 2d 86 - Court of Appeals, 8th Circuit 1973
802 F. 3d 314 - Court of Appeals, 2nd Circuit 2015
Court of Appeals, 2nd Circuit 2015
[CITATION] ALI-ABA Course of Study Eminent Domain and Land Valuation Litigation
G Kanner… - Eminent Domain and Land Valuation Litigation …, 2010
256 Conn. 813 - Conn: Supreme Court 2001
289 AD 2d 335 - NY: Appellate Div., 2nd Dept. 2001