Opinion
November 28, 1967
Appeal by the State and cross appeals by the claimant from a judgment of the Court of Claims which allowed the claimant $11,500 as damages by reason of the appropriation of about 2.593 acres of land for highway purposes. Prior to the appropriation, the claimant was the owner of about 5.759 acres of land on the west side of Route 9 in the Town of Queensbury, County of Warren, State of New York, about 3 miles south of the Village of Lake George. The property had a depth of 904 feet on the southerly line; 880 feet on the northerly line; frontage of 260 feet on Route 9 and a width at the rear, or westerly line, of 254.6 feet. The improvements on the premises consisted of a row-type motel of 28 units located in five separate buildings, a store house, swimming pool, outdoor lighting, water supply, landscaping and driveways and a 1 1/2 story cement block building which served as an office, residence and laundry room. The topography of the land rose gradually from Route 9 to a depth of about 200 feet and then rose steeply to a height of about 40 feet above the level of Route 9 and then became rolling and wooded to the rear property line. The State appropriated about 2.593 acres at the rear of the property with the result that the southerly line was reduced to a depth of about 480 feet, and the northerly line was reduced to a depth of about 410 feet. All of the improvements on the property were located within 200 feet of Route 9 except for the water supply and 48 piers for the contemplated construction of 3 additional buildings which were to be located on the area appropriated. The most significant complaint of the appellant is that the court's after value of $109,600 is $3,600 below the after value of the claimant's expert and $8,100 below that of the State's expert. The court determined that the entire parcel was suitable for motel purposes, and arrived at a before value of $121,000. The court's after value is hereby increased from $109,600 to $113,200, and the amount of total damages is reduced from $11,500 to $7,800. Considering the other contentions of the claimant-appellant and appellant-respondent, we find nothing to disturb the modified finding of this court which is supported by the record. Judgment modified, on the law and the facts, so as to reduce the award to $7,800 and appropriate interest and, as so modified, affirmed, without costs. Herlihy, J.P., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Staley, Jr., J.