Legal Opinion

Mattice v. State

New York Court of Claims

Decided November 23, 1976No. Claim Nos. 54779 and 54780Published

1Opinion of the CourtVincent A. DeIorio, J.

These claims, timely filed, are for the appropriation in fee of claimants’ land pursuant to section 30 of the Highway Law. On July 3, 1969, the State (acting for the Power Authority) appropriated 21.25 acres of land (Map No. 3, Parcel No. 40). Thereafter and on February 26, 1970, the State appropriated an additional 130.66 acres (situated adjacent to the area previously taken) of claimants’ land (Map No. 12, Parcel No. 95).

The valuation approach utilized by claimants raises a threshold issue which must be analyzed and resolved before the court can proceed to consider damages suffered by the…

2Cases cited17 opinions

  1. United States v. MillerSupreme Court of the United States · 1943
  2. United States v. ReynoldsSupreme Court of the United States · 1970
  3. Cuglar v. Power AuthorityNew York Supreme Court · 1957
  4. Cuglar v. Power AuthorityAppellate Division of the Supreme Court of the State of New York · 1957
  5. Cuglar v. Power AuthorityNew York Court of Appeals · 1957

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