ELMORE REALTY, INC. v. STATE


44 A.D.2d 621 (1974)

Elmore Realty, Inc., Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 53690.)

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

March 14, 1974


On December 11, 1970, the State, pursuant to section 30 of the Highway Law, appropriated 34.2 acres of claimant's land in the City of Oneonta. This property consisted of 3.895 acres improved with buildings used in conjunction with a feed mill operation; 29.714 acres which lie along a millrace in both directions from the mill; and a .919-acre parking area. At trial, claimant's real estate appraiser testified to a highest and best use as a regional feed mill and valued the...

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