24 A.D.2d 778 | N.Y. App. Div. | 1965
The State appeals from a judgment awa.rdmg damages in an appropriation case. The property is located in the Town of Maine, County of Broome. By an amended decision the court found direct damages to the land and land improvements of $1,810 and consequential damages to the remainder of $2,200 on the premise that the best available use of the property was “ commercial frontage ”. Prior to the taking there was 253 feet frontage on Route 26 and the land was flat and usable for a depth of approximately 60 feet, the remainder consisting of rough, hilly terrain. The frontage at the northerly end was incumbered by a creek 25 feet in width and a right of way 24 feet in width which, while not considered by the claimant’s appraiser, we must assume from the present record made