The opinion of the court was delivered by: BYERS
The Court is called upon to determine the measure of fair compensation to be paid to the claimant in this proceeding for the taking of his property by the Government in Condemnation.
Having heard and considered the testimony, and visited the property, I do now make and state the following:
1. The damage parcel is part of a tract of farmland containing 20.7478 acres, situate at the corner formed by the easterly side of Bloomingdale Road, also known as New South Road, and the northerly side of Mulberry Street, Hicksville, Nassau County, State of New York, and within the Eastern District of New York, and more particularly shown on the Damage Map, Government Exhibit 1.
2. The parcel taken comprises 11.0126 acres, and consists of the northerly part of the said tract, and is bounded and described as follows:
'Beginning at a point on the easterly line of Bloomingdale Road, sometimes called New South Road, distant 375.28 feet northerly from the intersection of the northerly line of Mulberry Street and the easterly line of Bloomingdale Road, said point of beginning being a monument located at the southwesterly corner of the property intended to be described herein; thence running North 5 degrees 00' East and along the easterly line of Bloomingdale Road a distance of 500.00 feet to land now or formerly of Peter Gilweiler; thence South 81 degrees 10' 30' East and along the southerly line of land now or formerly of Peter Gilweiler 837.48 feet to the southwesterly line of land of the Long Island Railroad; thence South 38 degrees 36' East and along the southwesterly line of land of the Long Island Railroad 426.88 feet to land of McGunninge or Vogel; thence South 5 degrees 00' West and along land of McGunninge or Vogel 135.00 feet to a monument; thence North 85 degrees 00' West 1130.00 feet to the monument on the easterly line of Bloomingdale Road at the point or place of beginning.
'Containing within said bounds 11.0126 acres of land, more or less'.
3. Judgment was entered in this court on November 9, 1944, confirming the vesting of title to said land in the United States of America on November 8, 1944, pursuant to Declaration of Taking filed on that day.
4. An order had been made and entered on September 26, 1944, granting to the petitioner the immediate use and occupancy of the premises pursuant to Petition in Condemnation.
5. The property so taken was farmland, in use for agricultural purposes on the date of said last mentioned order.
6. The best available use of the said land at that time was for agricultural purposes.
7. The fair and reasonable value of the said 11.0126 acres on September 26, 1944, was $ 900.00 per acre, or $ 9911.70.
8. The claimant in this proceeding did not sustain any consequential or severance damage in addition to the sum last above stated, by reason of the taking of the said 11.0126 acres from the original tract consisting of 20.7478 acres.
The foregoing require but little comment or explanation. The property taken is part of a farm applied to dairy uses, for which the annual rental ...