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GRAND UNION COMPANY v. STATE NEW YORK (05/19/69)

COURT OF CLAIMS OF NEW YORK Claim No. 48822 1969.NY.41657 <http://www.versuslaw.com>; 300 N.Y.S.2d 248; 59 Misc. 2d 678 May 19, 1969 GRAND UNION COMPANY, CLAIMANT,v.STATE OF NEW YORK, DEFENDANT Gerhart & Kuhnen (Eugene C. Gerhart of counsel), for claimant. Louis J. Lefkowitz, Attorney-General (Marvin Tanenhaus of counsel), for defendant. John H. Cooke, J. Author: Cooke


John H. Cooke, J.

Author: Cooke

 FINDINGS OF FACT

This is a claim for the appropriation of claimant's land pursuant to section 30 of the Highway Law for the Southern Tier Expressway, East Owego Connection, Tioga County, being Map No. 66, Parcels numbered 108 and 109.

The aforesaid map and description were filed in the office of the Secretary of State; in the office of the County Clerk of Tioga County, on the 5th day of November, 1965, and personal service was made on the claimant.

The claim was filed with the Clerk of the Court of Claims and the Attorney-General on the 23rd day of October, 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 map and description filed in the Tioga County Clerk's office, a copy of which is attached to the claim and same is incorporated herein by reference.

Claimant was the owner of the property by reason of a deed dated October 27, 1960 from Eastern Shore Shopping Centers, Inc., grantor, to the Grand Union Company, grantee, recorded on the 7th day of November, 1960, in the Tioga County Clerk's office in Liber 300 of Deeds at page 197.

Before the appropriation, the property consisted of 9.75 +- acres, located between Route 17C and the Susquehanna River in the Town of Owego, Tioga County, and had been used as vacant land. The subject property, before the appropriation, had a frontage of 689.26 +- feet on Route 17C. The lot was nearly square, being slightly wider on the east than on the west side. Although the lot was level, it was somewhat below the grade of Route 17C. The rear lot line of the property abuts the Susquehanna River and there is a steep slope between the subject property and the river.

The appropriation consists of two parcels: one, which is taken without access adjacent to the existing Route 17C, containing an area of 0.590 +- acres; the second, contains 3.479 +- acres and is at the west and south side of the subject property. The total area appropriated contains 4.069 +- acres, leaving a remainder to the claimant of 5.681 +- acres.

Prior to this appropriation, the State of New York appropriated in fee 0.635 +- acres from the subject property. This was a strip along the southern boundary of Route 17C. In addition, the State had also acquired a permanent easement, adjacent to the western property boundary extending from the south boundary of the property to the north bank of the river, for drainage purposes. This easement, 50 +- feet in width, is referred to as Map No. 31, Parcel No. 38.

Map No. 66, Parcel No. 108, appropriates 3.479 +- acres as a fee taking. This parcel extends along the southern boundary of Route 17C, 135.0 +- feet to the northwest corner of the property. From this point, it extends southerly along the west property boundary, a distance of 537.14 +- feet to the north bank of the Susquehanna River; thence proceeding 693 +- feet southeasterly along the north bank of the river to the east property line; thence north along the east property line 115 +- feet; thence westerly and northerly at various distances to the place of beginning. Upon this parcel, the State of New York has constructed an access road from Route 17C to a State park easterly of claimant's property. This parcel covers all of the area acquired under the terms of the permanent easement, Map No. 31, Parcel No. 38.

Map No. 66, Parcel No. 109, appropriates in fee, without the right of access, 0.590 +- acres. This parcel is triangular in shape and extends along the southern boundary of Route 17C, eliminating any right of access to said Route 17C.

The highest and best use of the property was not affected by the appropriation and is for commercial purposes.

As a result of the appropriation, claimant lost its frontage on Route 17C as well as 693 +- feet of Susquehanna River frontage. However, the highway appropriation (Map No. 66, Parcel No. 108) has created 932.57 +- feet of new road frontage. This frontage is ...


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