Opinion
August 1, 1961
Present — Bergan, P.J., Gibson, Herlihy, Reynolds and Taylor, JJ.
Appeal by the claimant and a cross appeal by the State from a judgment of the Court of Claims awarding claimant $35,000 plus interest as damages for the appropriation of her land for Thruway purposes. Appellant was the owner of 71 acres of land in the Town of Rotterdam four miles from downtown Schenectady. In constructing the Thruway 13 acres of appellant's land were appropriated and the value of the remaining property was diminished. The property contained a dwelling but was primarily undeveloped fields and woods. It had not been actively farmed since sometime in the 1920's. In 1925 plans were drawn to subdivide and develop the property but this was never undertaken. Some parcels were sold subsequent to 1925 but not in conformity with the 1925 survey. The evidence presented indicates that there were areas being developed between appellant's property and the City of Schenectady and that appellant had discussed selling the property to a developer but that negotiations had broken off. Claimant's experts estimated the damages to her property at $61,000 while the State's expert estimated the damage at $12,250. The Court of Claims held that the best available use for the property was as farm land "with a potential for development not too far distant from the date of appropriation." In our view the court below was correct both in not limiting the value of the property to farm land and in determining that the best use of the property at the present time was not for residential development while recognizing the future potential of the property for such use ( Valley Stream Lawns, v. State of New York, 9 A.D.2d 149). The award by the court below was within the range of the expert testimony. Judgment unanimously affirmed, without costs.