David Cooper and Aaron Warner completed a multi-week eminent domain valuation trial on Tuesday in the New York Court of Claims on behalf of the owner and operator of an industrial property in the Town of Hempstead.

The clients acquired and leased the property in 2016 with the intention of developing a concrete crushing and recycling facility. Before construction could begin, the New York State Department of Transportation appropriated a temporary easement over a portion of the site as part of a highway improvement project. The easement remained in effect for two years, preventing use of the entire property for the intended recycling use.

Zarin & Steinmetz was retained to assess potential claims and ultimately filed suit seeking just compensation, including claims for consequential damages. The trial, held before the Honorable Linda K. Mejias-Glover, focused on whether the State is liable solely for the temporary use of the property or also for broader losses stemming from the delay in facility development and operation.

Post-trial briefing is scheduled for the end of the summer, after which the court will issue a decision on the amount of compensation owed.