Tag Archives | Trade fixtures

It is well known that “an appropriation of land … is an appropriation of all that is annexed to the land, whether classified as buildings or as fixtures …” and that “[t]he value of the fixtures ought, therefore, [be] considered in estimating the total value of the property appropriate by the State.” Jackson v. State of New York, 213 N.Y. 34, 36 (1914). The so-called “trade fixture rule” holds that a claimant is entitled to compensation for trade fixtures it has a right under its lease to remove, but chooses… read more