The claim is for the loss of plants and trees which the State refused to pay contending that they were personalty and therefore not compensable. The appropriation was made pursuant to section 29 of the Highway Law on September 19, 1960. Claimant was a tenant in possession of certain real property in the Town and County of Ulster which was to be used for the Kingston by-pass in the vicinity of the Thruway interchange at Kingston, New York. Claimant...
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