Kaszubowski v. State

Judgment unanimously affirmed, without costs. Memorandum: On August 16, 1978, the State appropriated 25.9 acres of claimant’s land situate in the Town of Boston, for use as a right-of-way for Route 219, the Southern Tier Expressway. Prior to the taking, this property consisted of 85 acres of land improved with a farmhouse, detached garage, barn and several other structures used in conjunction with claimant’s operation of a dairy farm. At trial, claimant’s appraiser testified that the highest and best use of the property was for residential development and estimated that total damages, direct…