Commonwealth, Department of Highways v. Williams

The opinion declares that the evidence adduced on behalf of the condemnee should have been “ * * * restricted to the damages to the remainder [of the land] occasioned by the use of the portion that was taken.” I respectfully disagree as I believe the correct view was announced in Andrews v. Cox, 129 Conn. 475, 29 A.2d 587 (1942), wherein it was stated:

“But where the use of the land taken constitutes an integral and inseparable part of a single use to which the land taken and other adjoining land is put, the effect of the whole improvement is properly to be considered in estimating the…