First Depot Corp. v. State

Appellate Division of the Supreme Court of New York

First Depot Corp. v. State

84 A.D.2d 591, 444 N.Y.S.2d 209, 1981 N.Y. App. Div. LEXIS 15694

Appellate Division of the Supreme Court of the State of New York·Decided October 8, 1981·No. Claim No. 61118·Published

Opinion

Appeal from a judgment in favor of claimant, entered March 28,1980, upon a decision of the Court of Claims (Hanifin, J.). Claimant, a shipper of building supply materials, owned two parcels of land on each side of Chenango Street in Binghamton, New York. Chenango Street runs in a northeast-southwest direction and is partially traversed above ground by a viaduct which carries street traffic across adjoining railroad tracks. In order to widen the viaduct, the State appropriated a 16-foot strip of land along the entire frontage of a parcel of land owned by claimant which claimant contends had the effect of reducing the Chenango Street right of way to claimant’s property by 13 feet, thereby making it almost impossible for large tractor trailers to enter claimant’s property without encroaching upon adjacent land. Claimant, contending that virtually all deliveries to his plant were made by tractor trailers, filed a notice of appropriation and a claim for $110,000 in damages. The Court of Claims, after trial, held that access to claimant’s property was not significantly impeded by reason of the appropriation and concluded that the highest and best use of claimant’s property was not altered by the taking.

Footnotes

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Appeal from a judgment in favor of claimant, entered March 28,1980, upon a decision of the Court of Claims (Hanifin, J.). Claimant, a shipper of building supply materials, owned two parcels of land on each side of Chenango Street in Binghamton, New York. Chenango Street runs in a northeast-southwest direction and is partially traversed above ground by a viaduct which carries street traffic across adjoining railroad tracks. In order to widen the viaduct, the State appropriated a 16-foot strip of land along the entire frontage of a parcel of land owned by claimant which claimant contends had the effect of reducing the Chenango Street right of way to claimant’s property by 13 feet, thereby making it almost impossible for large tractor trailers to enter claimant’s property without encroaching upon adjacent land. Claimant, contending that virtually all deliveries to his plant were made by tractor trailers, filed a notice of appropriation and a claim for $110,000 in damages. The Court of Claims, after trial, held that access to claimant’s property was not significantly impeded by reason of the appropriation and concluded that the highest and best use of claimant’s property was not altered by the taking.

Footnotes

First Depot Corp. v. State, 84 A.D.2d 591, 444 N.Y.S.2d 209, 1981 N.Y. App. Div. LEXIS 15694 (N.Y. Ct. App. 1981).

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Opinion

Footnotes

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