Desiring to construct a biking and hiking trail, petitioner appropriated a parcel of land owned by Niagara Mohawk Power Corporation and subject to claimants' right to remove sand, gravel and topsoil therefrom. After petitioner served its notice of acquisition, claimants sought damages arising from the appropriation under EDPL 503.
At the trial to determine the value of claimants' interest in the appropriated lands, the parties...
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