Levin v. State

Bergan, P. J. (dissenting).

On October 6, 1954 claimants through their agent contracted to buy 49 acres of unimproved land for a little over $171,000 at $3,500 an acre, title passing to claimants on December 1, 1954. Within a month the State appropriated 34.1 acres of this unimproved land.

An award of $557,365 has been made. This amount, which is over 300% more for 34.1 acres than claimants paid within a few weeks for 49 acres is in our judgment grossly excessive. The award reaches these huge proportions because claimants intended to erect improvements on the land; had obtained a zoning change; *339…