WEINGARTEN v. STATE


60 A.D.2d 671 (1977)

Toby Weingarten et al., Appellants-Respondents, v. State of New York, Respondent-Appellant. (Claim No. 49229.)

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

December 8, 1977


Before the taking claimant owned 69.909 acres, part zoned by the Town of Ramapo for residential, part for commercial use. The State took 8.563 acres in fee and two permanent drainage easements totaling .657 acre. The court placed the value, both before and after the taking, of the commercial land at $50,000 per acre and the residential at $15,000 per acre. These figures the parties do not dispute. Claimants appeal on the ground that the court improperly set the boundary between...

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