Mayes Co. v. State of New York

*551 Per Curiam.

Claimant is the owner of a manufacturing plant which uses substantial quantities of water in its processes. On its land were springs which fed a pond from which claimant was able to take sufficient water for its manufacturing needs.

The State condemned a fractional part of an acre which contained most of the area of the pond, including a spring which fed it, and constructed a road on the site. There was, however, as claimant’s engineering witness conceded, “considerable underground water ” in the area of the claimant’s plant.

An expert witness for the State testified that he could…