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SEGAR v. STATE OF NY

111 Misc.2d 1034 (1981)

Wilbur W. Segar et al., Claimants, v. State of New York, Defendant. (Claim No. 64173.)

Court of Claims.

December 3, 1981

Attorney(s) appearing for the Case

Buck, Gleckner, Danaher & Harpending (H. Peter Harpending of counsel), for claimants. Robert Abrams, Attorney-General (F. Daniel Casella of counsel), for defendant.

JEROME F. HANIFIN, J.

In 1959, the State appropriated a permanent easement in a streambed located on claimants' property for which an award was made. (Burdick v State of New York, Ct of Claims, Aug. 26, 1963, HELLER, J.) The easement was taken for the purpose of "constructing, reconstructing and maintaining * * * a stream channel and dike" in order to provide drainage for an adjacent highway. Rights reserved to the owner included the "right and...

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