State of New York v. James G. Breitenstein

Condemnation case - Defendant owned 52.38 acres of undeveloped land in the Town of Duanesberg in Schenectady County. His parcel was roughly bisected by State Route 7, with 24.663 acres to its north and 27.719 acres to the south. In August 1988, for purposes of constructing a railroad overpass bridge, the State appropriated in fee 2.16 acres: 1.703 acres along the south side of Route 7 and 0.461 acres located along the north side. In addition, the State acquired a temporary easement over 2.191 acres on the northern parcel for use as a detour during construction.
The appropiation resulted in no loss of frontage but a significant change in the elevation resulted. The access was essentially at grade before the taking and 9.4 feet after the construction of the improvements. The property owner paid $523 an acre for the property in 1977 and had done nothing to improve the property. Property owner claimed that the change in grade of the new road was going to damage the remaining property and that an access road would be needed to cure the damages to the remainder.

Property owner granted $10,500 per acre for the property taken or $181,027.00.

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