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REINA v. STATE

28 A.D.2d 1198 (1967)

Charles Reina et al., as Assignees of Bernard Deturenne, et al., Respondents-Appellants, v. State of New York, Appellant-Respondent. (Claim No. 43176.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 28, 1967

AULISI, J.

Approximately one half of the nine and one-half acre parcel in the Town of Fishkill, Dutchess County, was taken. The testimony shows that both experts agreed that the land before taking had a highest and best use of residential with a value of $1,500 per acre. It was also agreed that the highest and best use after the taking was commercial and that the land was enhanced by the taking. The Court of Claims found the before value to be $40,000...

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