Bovee v. State

At the time of the appropriation alleged herein, the claimants were the owners of a parcel of land on the south side of New York State Route No. 10 in the Town of Walton, Delaware County. Improvements on the premises consisted of a small single-family frame residence and a detached garage.

In 1959 the State commenced work on a project designated as Rock Rift-Colchester State Highway No. 1271, which involved a widening and improvement of Route 10. The plans for the improvement project indicated and it soon became apparent to the claimants that the State asserted not only that its right of way…