Orchard Grove of Dutchess, Inc. v. State

*811OPINION OF THE COURT

Stephen J. Mignano, J.

The claimant is the owner of a 22.06-acre parcel of land adjoining the westerly right-of-way of the Taconic State Parkway (hereinafter Taconic) in the Town of East Fishkill (see exhibit 11) . Claimant seeks damages as a result of an April 15, 1999 appropriation by the New York State Department of Transportation pursuant to section 30 of the Highway Law and .the Eminent Domain Procedure Law, not of lands, but of any right of “access” that the property has to the Taconic.

While somewhat complex, the essential facts of the matter are undisputed. On April…