Legal Opinion

Wolfe v. State

Appellate Division of the Supreme Court of the State of New York

Decided May 6, 1965No. Claim No. 41115Published

1Opinion of the Court

Herlihy, J. P.

The claimant owned 156.735 acres of land, best suited for residential purposes. The State appropriated for highway purposes 0.900 acres in fee and two permanent easements 0.707 acres in area. It is unquestioned that the State has taken all of the claimant’s access unless it can be found he has access across the area appropriated for the permanent easement. The easements are described as follows:

‘ ‘ Permanent easements * * * for the purpose of constructing, reconstructing and maintaining thereon drainage ditches and drainage structures together with appurtenances # # *

“…

2Cases cited2 opinions

  1. Matter of City of New YorkNew York Court of Appeals · 1903
  2. In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902

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