Lerner v. State

Claimants and certain related entities are owners of four parcels of real property in Sullivan County. They filed the first two of the instant claims because defendant had appropriated portions of their property in furtherance of a highway reconstruction project by the Department of Transportation (hereinafter DOT) to bring Route 17 into compliance with federal highway standards. Claimants commenced the third claim alleging that DOT trespassed and caused property damage to the unseized portions of the parcels by using the land during the construction process and altering the surrounding…