2006 New York Code - Ascertainment Of Damages Where Part Of Parcel Is Taken For An Improvement And Remainder As Excess Lands.

 
    §  5-348 Ascertainment of damages where part of parcel is taken for an
  improvement and remainder as excess lands. a. Where part of a parcel  of
  real property shall be acquired for an improvement, and the remainder or
  a portion of the remainder of such parcel in the same ownership shall be
  acquired  in  the  same  proceeding  as excess lands, the portion of the
  damages due to the acquisition of the real  property  required  for  the
  improvement  shall  be  determined and stated separately from the entire
  damage due to each such owner. In determining the  damages  due  to  the
  acquisition  of  so  much  of  such  parcel  as  may be required for the
  improvement, the  same  rule  shall  be  applied  as  would  govern  the
  determination  of  damages  for the taking of the real property required
  for the improvement in case no excess lands were acquired. Where part of
  a parcel of real property shall be acquired for the improvement, and the
  remainder or a portion of the remainder thereof in  the  same  ownership
  shall  be  acquired  in the same proceeding as excess lands, the damages
  due to the acquisition of title to the real property  required  for  the
  improvement,  shall,  in  every  case,  equal  the amount which would be
  awarded to such owner in  case  only  that  part  of  his  or  her  real
  property, which shall be required for the improvement, were acquired.
    b.  Nothing  in this section contained shall be construed to authorize
  the award to an owner, part of whose real  property  is  taken  for  the
  improvement,  and  the  remainder or a portion of the remainder of whose
  property  is  taken  as  additional  lands,  any   greater   amount   of
  compensation than such owner shall be entiled to by reason of the taking
  of his or her real property for the improvement and as additional lands,
  considered together as one parcel.