State v. Fairweather

The opinion of the court was delivered by

DREIER, P.J.A.D.

Defendant appeals from a condemnation award of $34,000 returned by a condemnation jury. The State initially submitted proof of a fair market value as of 1978 of $21,000; defendant contended the value was $60,000. The State’s original appraiser, who had died pending trial, made an updated appraisal showing the value to be $23,000, and the State had deposited first $21,000 and then an additional $2000 after it took the property.

Defendant’s parents acquired the property in question in 1949 as a site on which they could construct their…