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eBook details

• Title: Central Park Avenue v. State New York
• Author : Supreme Court of New York
• Release Date : January 16, 1977
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

[58 A.D.2d 688 Page 688] Cross-appeals from a judgment in favor of claimant, entered May 2, 1974, upon a decision of the Court of Claims. Claimant was the owner of a vacant and unimproved tract of land situated on the east side of Central Park Avenue and an access drive to Palmer Road in the City of Yonkers when, on June 16, 1967, the State appropriated a strip of land therefrom pursuant to sections 30 and 349-c of the Highway Law. Prior to the taking, the subject property had an area of approximately 24,940 square feet, and this was reduced by approximately 3,427 square feet as a result of the appropriation, with 411 square feet taken in fee with right of access and 3,016 square feet taken in fee without right of access. As an additional consequence thereof, the parcel's access to the avenue and access drive was reduced from 337 feet to 33 feet. After trial the Court of Claims found that the highest and best use of the property before the taking was as a potential gasoline station site, but that following the taking a gasoline station use was not feasible because of the loss of access and the changed configuration of the tract. Accordingly, it premised its after value of the parcel upon a highest and best use for commercial purposes and awarded claimant damages of $100,520, i.e., direct damages of $35,980 and consequential damages to the remainder of $64,540.

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