Masheter v. Boehm

Paul "W. Bbown, J.

The central question presented in this case is, at what point will personal property be considered to have become merged with the land or structures on the land appropriated, so that it must be deemed a part of the realty taken, and be compensated for in the condemnation award. For reasons set forth below, we find that the trial and appellate courts applied an erroneous test of law to the facts before them in determining the scope of the appropriation, and therefore we must reverse and remand-*72the cause to the Probate Court for reconsideration consistent with this opinion.

The…