Frankfater v. State

This is a claim for permanent appropriation on October 18, 1956 of some five feet of land in front of claimants’ property along the south side of new State Route 17B, known as the Monticello-Mongaup Valley State Highway No. 890. According to the contract plans drawn for the widening of Route 17B, and also according to the map served upon the claimants by the State, the State’s right of way consisted of a three-rod width including pavement and shoulders. The whole project was finished upon such an assumption of the highway width by the State.

At the trial it developed that the State now claims…