MATTER OF BREITENSTEIN v. STATE


245 A.D.2d 837 (1997)

666 N.Y.S.2d 769

In the Matter of James C. Breitenstein, Respondent, v. State of New York, Appellant. (Claim No. 83268.)

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

December 18, 1997


Mikoll, J. P.

At issue in this condemnation case is the amount of compensation awarded to claimant following the State's acquisition of a portion of his real property. At the time of the appropriation, claimant owned 52.38 acres of undeveloped land in the Town of Duanesburg, Schenectady County. His parcel was roughly bisected by State Route 7, with 24.663 acres to its north and 27.719 acres to its south. In August 1988, for purposes of constructing a...

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