Breitenstein v. State

Mikoll, J. P.

Appeal from a judgment of the Court of Claims (Benza, J.), entered December 13, 1996, upon a decision of the court in favor of claimant.

At issue in this condemnation case is the amount of compensation awarded to claimant following the State’s acquisition of a portion of his real property. At the time of the appropriation, claimant owned 52.38 acres of undeveloped land in the Town of Duanesburg, Schenectady County. His parcel was roughly bisected by State Route 7, with 24.663 acres to its north and 27.719 acres to its south. In August 1988, for purposes of constructing a railroad…