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ST. LAWRENCE SHORES v. STATE NEW YORK (07/10/69)

COURT OF CLAIMS OF NEW YORK Claim No. 47448 1969.NY.42543 <http://www.versuslaw.com>; 302 N.Y.S.2d 606; 60 Misc. 2d 74 July 10, 1969 ST. LAWRENCE SHORES, INC., CLAIMANT,v.STATE OF NEW YORK, DEFENDANT Scanlon, Wright, Willmott & Aylward (George P. McAloon of counsel), for claimant. Louis J. Lefkowitz, Attorney-General (Carl Rosenbloom of counsel), for defendant. Henry W. Lengyel, J. Author: Lengyel


Henry W. Lengyel, J.

Author: Lengyel

 This is a claim for the appropriation of claimant's land pursuant to section 30 of the Highway Law, which proceeding is described as Alexandria Bay-Morristown, Part 2, St. Lawrence County, Map No. 39 Parcels Nos. 78, 79, 80, and 81.

By deed description the property contained .05+- of an acre in Jefferson County and 915.75+- acres of land in St. Lawrence County. Its boundaries were the St. Lawrence River on the west, Chippewa Bay on the north, the center of Crooked Creek on the east, and, generally, the St. Lawrence-Jefferson County line on the south. It was a very irregular parcel. As some lands had been sold out of this parcel, we accept claimant's appraiser's land area of 877+- acres at the vesting date. A total of 18 lots had been sold off the St. Lawrence River and Chippewa Bay frontage up to the vesting date. All of these lots fronted on or had a right of way to a gravel access road 10+- feet in width, which was referred to as the Indian Point Road. Said private road extended from the Scribby Road (also known as the Goose Bay State Line Highway) westward to a point near the shore of the St. Lawrence River and then northward to a point near Chippewa Bay, for a total distance of 9,500+- feet. Said property had 8,500+- feet frontage on the St. Lawrence River and Chippewa Bay and 8,500+- feet frontage on Crooked Creek. The frontage along the St. Lawrence River and Chippewa Bay consisted of hardland, with little slope to the water's edge; rock ledge; and marsh. Approximately 5,000 feet of said frontage were in hardland on rock ledge, with the remaining 3,500+- feet in marshland.

Crooked Creek is a slow flowing, meandering stream with its source in Jefferson County. It flows in a general northwesterly direction into St. Lawrence County and along the easterly boundary of subject property until it enters the St. Lawrence River at the south corner of Chippewa Bay. The stream varies in width from 75 feet near the Jefferson-St. Lawrence County line to about 175 feet at its mouth near Chippewa Bay. The frontage on Crooked Creek varies from rock ledge 20+- feet above the water to slightly sloping hardland and marsh frontage. The hardland and rock ledge frontage totaled 3,000+- feet and the marsh frontage 5,500+- feet. The closest proximity of Indian Point Road to the creek was at the county line, a distance of 2,530+- feet. The interior property was partly rolling hardland with brush and woods cover and low, marshy areas.

The highest and best use of subject property before the appropriation was for recreational development for both campsites and water front cottages on the rocky ledge and hardland, water frontage and recreational backup land for the marshland and the interior lands, which were a combination of marsh and rolling hardland.

Subject proceeding appropriated 54.586+- acres of claimant's property in fee without access, and applied permanent easements for drainage purposes to 0.209+- acre.

The State appraiser found a before value of $130,000 (rounded) and the claimant's appraiser found a before value of $156,200 (rounded). A part of this difference was the result of the State assigning value to 915 acres, or 38 more acres than presented in the claimant's appraisal. As previously stated, we have accepted the claimant's acreage of 877+- acres. The principal difference was caused by the allocations of value to Crooked Creek frontage, the interior lands and the marshlands. In fact, if the State had not allocated a substantially higher value to the St. Lawrence River frontage, the before values would have been appreciably more disparate. The following chart indicates the various before value allocations.

STATE

25 acres of St. Lawrence River frontage at $3,600

per acre $90,000

890 acres of wild life preserve at $45 per acre 40,050

$130,050

CLAIMANT

25 acres of St. Lawrence River ...


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