18.0 I. Introduction

JurisdictionNew York

I. INTRODUCTION

This chapter addresses condemnation issues of a particular class of specialty properties: public utility and other privately owned properties already dedicated to the public service, such as water, sewer, transportation, gas and electric systems.643 Typically, these properties involve the delivery of public necessities. They also have enjoyed certain government-granted special franchises or privileges, been subject to rate regulation and intensive government supervision and are inherently monopolistic. The valuation issues associated with these properties are particularly thorny and there are few hard and fast principles that apply across the board. This chapter shall, nevertheless, attempt to describe the conceptual framework within which the courts and regulatory agencies have attempted to resolve these condemnation issues.

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[643] This chapter will not address the unique problems associated with the municipalization of portions of integrated systems. On this issue, see, for example, In re Niagara Mohawk Power Corp. (Vill. of Lakewood), Case 99-E-0681, 205 P.U.R.4th 140 (Sept. 11, 2000). See also...

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