Lake George Associates v. State

OPINION OF THE COURT

ClPARICK, J.

We are asked to determine whether the State, in its appropriation of claimant’s and its neighbors’ land for the purpose of improving an abutting highway and reestablishing access pursuant to Highway Law § 10 (24-d), deprived claimant of a legal right of access to the public roads. We hold that the appropriation of land, under these circumstances, creates a legal, enforceable right of access to the driveways and turning lanes on the neighboring properties and to the public road, and thus that consequential damages are not warranted.

Lake George Associates…