In the Matter of the Application of the City of New York, Respondent and Appellant, Relative to Acquiring Title to…

Summary

The Court held that the charter provision allowing a set‑off of benefits against the award for land taken is unconstitutional because it violates the requirement of full just compensation, and therefore the compensation must be the full value of the land taken without deduction. The Appellate Division's order regarding parcels 16 and 33 was reversed and the matter remanded for a new report, while the remainder of the lower court's judgment was affirmed.