207 Misc. 325 | New York Court of Claims | 1955
This memorandum is in amplification of the conclusion that the appropriation, pursuant to section 676-a of the Conservation Law, did not landloek claimant’s remainder and did not deny him access to and from his property. In addition to the appropriation of two unlocated easements on the parkway proper, the taking, which is more fully described in the
This view is fortified by the language of subdivision 2 of section 676 of the Conservation Law, which is indicative of the legislative purpose to afford an abutting owner a means of ingress and egress in a case such as this. And, to quote the Attorney-General (1946 Atty. Gen. 179, 181): “Where the acquisition of lands for parks or parkways results in the abutting owner becoming landlocked as stated in question number two, such owner by law is given a right of way by necessity over the lands so acquired which vests in him the right of access-to a local road from his remaining lands. ”
For the foregoing reasons, it is held that claimant’s remainder is not landlocked; that he is vested with the legal right of access to and from the local highway and that his damage is to be measured accordingly. An award is made in the accompanying findings.