COLDIRON FUEL CENTER, LTD. v. STATE


8 A.D.3d 779 (2004)

778 N.Y.S.2d 208

COLDIRON FUEL CENTER, LTD., Respondent, v. STATE OF NEW YORK, Appellant. (Claim No. 102518.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 10, 2004.


Crew III, J.

This claim arises from the appropriation by defendant of five contiguous parcels of land in the Town of Ashland, Chemung County, for the purpose of upgrading State Route 17. The property at issue was bisected by Route 17, with approximately 63.5 acres lying north of the highway (three of which were developed with claimant's gas station and truck stop) and 18 acres lying south of the highway. The net effect of the appropriation was that 0.0685 acres was...

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