People Ex Rel. Department of Public Works v. Romano

Opinion

MOLINARI, P. J.

Defendant appeals from that portion of the judgment in a condemnation proceeding brought by plaintiff which adjudged that defendant was not entitled to severance damages. The issue on appeal is whether the trial judge erred in determining that defendant had not suffered a substantial impairment of access as a result of the taking of a portion of her property.

By the instant eminent domain action plaintiff sought to acquire a portion of defendant’s property for the purposes of an improvement related to a state highway. In the before condition defendant’s property, an…