Hudson Valley Sand & Stone Co. v. State

Main, J. (concurring in part and dissenting in part).

We agree that the court properly denied any recovery to this claimant for the period prior to September 30, 1971. However, we are unable to agree with the majority’s remaining conclusions and, therefore, dissent and vote to affirm.

Clearly, there was a de facto appropriation of the claimant’s property. Obviously, the State’s action in padlocking the premises and posting the usual signs to enforce a tax lien against the property of the former tenant effectively ousted the claimant landlord from his property for a public purpose. When this…