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SINGER DENMAN LUMBER CORP. v. STATE NEW YORK (03/25/69)

COURT OF CLAIMS OF NEW YORK Claim No. 49048 1969.NY.40908 <http://www.versuslaw.com>; 300 N.Y.S.2d 938; 60 Misc. 2d 4 March 25, 1969 SINGER DENMAN LUMBER CORP., CLAIMANT,v.STATE OF NEW YORK, DEFENDANT John J. Lynch for claimant. Louis J. Lefkowitz, Attorney-General (Joshua J. Effron of counsel), for defendant. Milton Alpert, J. Author: Alpert


Milton Alpert, J.

Author: Alpert

 This is a claim for the appropriation of claimant's land pursuant to section 30 of the Highway Law, which proceeding is described as Coldbrook-Beechford and Ashokan Reservoir, S.H. No. 1186, Ulster County, Map No. 27, Parcel No. 41 and Map No. 39, Parcel No. 55.

The aforesaid Map No. 27 and description attached thereto were filed in the office of the County Clerk of Ulster County on January 25, 1966; and the aforesaid Map No. 39 and description attached thereto were filed in the office of the County Clerk of Ulster County on December 6, 1967.

The claim was filed with the Clerk of the Court of Claims and the Attorney-General on December 19, 1967, and has not been assigned or submitted to any other court or tribunal for audit or determination.

The court adopts the description of the appropriated property as shown on the maps and descriptions filed in the Ulster County Clerk's office, copies of which are attached to the claim and same are incorporated herein by reference. Claimant was the owner of the property by reason of a deed dated August 28, 1959 from Leonard Colange and Cornelia Colange, grantors, to Singer Denman Lumber Corp., grantee, recorded in the Ulster County Clerk's office on September 2, 1959 in Liber 1074 of Deeds, at Page 107.

Before the appropriation, the property consisted of 1.299+- acres, located on the westerly side of Route 28 in the Hamlet of Boiceville, in the Town of Olive, in Ulster County. It was a rectangular shaped parcel with 198.45+- feet of frontage on Route 28, level and at grade. On the south, the parcel was 278+- feet in depth; and on the north, 292+- feet in depth. At the northerly side was a 20+- foot road or right of way extending from the highway, across claimant's property, providing access to a bowling alley property to the rear of (but not part of) claimant's land. The road or right of way went parallel to the northerly boundary line.

Claimant's property was improved with a one-story concrete block building with a brick veneer on the front and sides, approximately 130+- feet in width and 28+- feet deep, situated with its width facing the highway. The northern portion of the building was occupied by the United States Post Office Department for use as a post office; and the balance of the building was used by claimant in the furtherance of its retail hardware, toy, sporting goods, and lumber business activities. To the rear of the building, but attached to it, was a storage shed for building materials stocked by claimant in its business; and behind the building and toward the rear of the property was a lumber storage shed structure. Also in the rear and behind the southern end of the building was a concrete drive that was electrically heated for the purpose of melting snow as it fell thereon. In the front area were two signs, one of which was illuminated.

The building had a septic tank system and access to water from a well. A gravelled parking area was located between the building and the highway, and a gravelled road extended over the previously described road or right of way to the rear yard of claimant's property and to the above-mentioned bowling alley property.

The court viewed the property after the improvement was completed.

The highest and best use of claimant's property both before the appropriation and after the appropriation, was commercial use.

The subject proceedings appropriated a total of approximately 0.205+- acres of claimant's property. Parcel No. 41 appropriated 0.144+- acres and Parcel No. 55, 0.061+- acres. The parcels, combined, formed a strip across the entire frontage of claimant's land. Parcel No. 41 was rectangular in shape with the exception of the northeast corner of the parcel which was rounded in shape. The frontage or east boundary was 129+- feet in length. On the south the depth was 37+- feet and on the north, 59+- feet.

Parcel No. 55 abutted Parcel No. 41 to the north and was almost square in shape. Its southeast corner dovetailed with the rounded corner of Parcel No. 41 so that the two parcels made one contiguous strip of frontage. The frontage of Parcel No. 55 was 71+- feet. On the north it was 54+- feet deep and on the south, 59+- feet.

Located within the appropriated area were the following: (1) a portion of the gravelled parking area located in front of the building and along the highway frontage, (2) a portion of the surfaced road or right of way, and (3) the two signs.

The claimant's appraiser valued the property before the appropriation at $69,000 with the land being valued at $7,000 per acre. (The court interprets this as $9,000 for land and $60,000 for buildings and improvements.) This valuation was based on market data approach, supported by cost and income approaches. Claimant's appraiser's after value was $38,500 based on a market approach supported by cost and income approaches. This produced a total damage of $30,500 which was allocated as follows: --

Direct damage $2,250 allocated as follows: --

.205+- acres of land taken at

$7,000 per acre $1,435.

Gravelled surfacing -- parking area 200.

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