In re the Acquisition of Real Property by the State

Appeal from an order of the Court of Claims (Collins, J.), entered February 2, 2016, which, among other things, in a proceeding pursuant to EDPL articles 4 and 5, granted petitioner’s cross motion for partial summary judgment.

In 2006, petitioner, State of New York, appropriated a parcel of property owned by claimant, KKS Properties, LLC, as part of a construction project to create a state road bypass. The appropriation bifurcated claimant’s property into two parcels — an eastern parcel and a western parcel. As to the western parcel, claimant was given a 43-meter-wide access point from the…