ERA Realty v. State

—In a claim to recover damages for the appropriation of real property, the claimants appeal from an order of the Court of Claims (Silverman, J.), dated July 29, 1998, which granted the defendant’s motion to dismiss the proceeding.

Ordered that the order is affirmed, with costs.

EDPL 303 provides, in relevant part, that “[t]he condemnor shall establish an amount which it believes to represent just compensation for the real property to be acquired [and] [t]he condemnor shall make a written offer to acquire the property for one hundred per centum of the valuation.” However, EDPL 304 states that a…