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2 Misc. 2d 763

Day v. State

New York Court of Claims

Decided July 17, 1956

New York Court of Claims · decided 1956-07-17

Decided 1956-07-17

Richard S. Heller, J.

¶1Claimant was the owner of 10 acres of land which adjoined the farm of his father, Wilson T. Day. (Day v. State of New York, 2 Misc 2d 761.)

¶2The State appropriated 2.358 acres (see description in claim) and completely cut off an additional one-third acre, which is no longer available to the claimant.

¶3The land taken was tillable land and its highest economic use was as a part of a farm.

¶4The court has considered that certain fencing may be needed where none was used before. It has also considered the value of the land-locked parcel.

¶5Claimant’s proof of damages offered at the trial exceeded the amount set forth in the claim. A motion was made to conform the claim to the proof, and the motion was granted without objection.

¶6*764In the opinion of the court the fair and reasonable market value of claimant’s land before appropriation was $7,500, and the value after the appropriation was $5,475. Claimant has been damaged in the amount of $2,025.

¶7Interest from June 15, 1954 to December 15, 1954 and from November 4,1955 to the date of entry of judgment.

¶8The claim has not been assigned.

¶9The court viewed the premises.

¶10Submit findings.

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