Opinion
November 28, 1967
Appeal by the State from a judgment of the Court of Claims which awarded claimants $16,916 and interest for the appropriation of property in the Town of Rockland, Sullivan County, for highway purposes (Highway Law, § 30). Claimants owned approximately 96 acres prior to the appropriation, 40 acres of which were north of Route 17 and were unaffected by the taking. The property south of Route 17 was bisected by a former railroad right of way subsequently deeded to the State and had about 2,850 feet of frontage on the Willowemoc River. The State appropriated approximately 20 acres in fee without right of access leaving the remaining property between the right of way and the river landlocked. The Willowemoc River, like the more famous Beaverkill nearby, is one of the foremost trout streams in New York. Claimants improved the area along the river as a recreational development and farmed the rest of the land exclusive of the residence and accessory buildings. The highest and best use before the taking was for a residence, part time farming and recreational development along the river. After the taking the highest and best use was as a residence with excess land. The court found the before value was $27,515 and the after value was $10,599 for total damages of $16,916. This was allocated to direct damages of $6,515 and $10,401 represented consequential damages. The State contends that the items of damage are not sufficiently set forth and the award must be reversed for a new trial. We do not agree. There was apparent difficulty in finding comparable sales and other evidence to substantiate the experts' testimony, but the record as a whole is sufficient to permit a proper evaluation. The court's award is within the range of testimony and the decision states the factors upon which it is based, permitting adequate review. Upon the entire record and the circumstances in the instant case, there is nothing here or in the cases cited by the State which mandates our disturbing the court's determination. The State's other argument is raised for the first time on this appeal but we find it insubstantial in any event. Judgment affirmed, with costs. Gibson, P.J., Herlihy, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in a memorandum by Aulisi, J.