Wayside Nurseries, Inc. v. State

We are called upon to review the correctness of an award of $57,000 for direct damages resulting from the appropriation of a permanent easement by the State. At the time of the taking, a portion of claimant’s land was zoned commercial and the balance was zoned residential.

The easement taken, consisting of 31,709 square feet, bisects claimant’s land and has, therefore, diminished its utility for business purposes and for commercial or residential development. Nonetheless, we find noticeably lacking any award for consequential damages to which claimant is entitled (4 Nichols, Eminent Domain, §§…