This claim came on for trial before this court on March 19, 20, & 21,
2002. At the conclusion of the trial, after the claimant and defendant had
submitted their proof and made final arguments, the court rendered its decision
on the record from the bench. This written decision memorializes the salient
findings and conclusions rendered by the court.
This is a timely filed claim for damages caused by the partial appropriation
of claimant's property pursuant to Section 30 of the Highway Law and the Eminent
Domain Procedure Law. The subject property is described on the appropriation
maps entitled "Transit Road, Part 4, S.H. 1334 A-1, Map No. 180, Parcel Nos.,
201 & 202", and "Main Street, Part 3, S.H. 130, Map No. 180, Parcel Nos.,
201 & 202", filed in the Erie County Clerk's Office on January 20, 1998, to
which the parties stipulated, and the court finds to be the date of taking.
Said maps and the property descriptions set forth therein are adopted by the
court and incorporated herein by reference. This claim has not been assigned or
submitted to any other court, tribunal or officer for audit or
At the time of the appropriation herein, claimant, Transitown Plaza
Associates, owned the property, known as Transitown Plaza, and located at the
southeast corner of the intersection of Main Street and Transit Road in the Town
of Clarence, New York, which property is the subject of this appropriation
claim. There was no dispute as to the ownership of the property, which was
stipulated to by the parties.
The appropriation took strips of land along Transit Road and Main Street
containing 7,965 square feet or .183 acres. Both parties stipulated to the size
of the taking.
The court has viewed the subject property on several occasions, both in the
before and after situations.
The central issue in this appropriation claim was whether the subject property
suffered consequential or severance damages as a result of the taking, so as to
prevent the claimant from further developing the property adjacent to the
taking. After hearing all of the proof, and giving due consideration to the
testimony and analysis of both appraisers, the court finds the claimant suffered
no consequential or severance damages to the subject property as a result of
The court finds the only damages suffered by the claimant as a result of this
taking are direct damages for the land and improvements taken by the
appropriation. These damages are summarized as follows:
1.) .183 acres @ $320,000.00 per acre $58,560.00
2.) 7,965 square feet of blacktop $15,357.00
3.) 17 lineal foot retaining wall $43.00
4.) 15 lineal foot chain link fencing $68.00
5.) Parking bumpers $1,739.00
6.) Enter/Exit signs
Total Direct Damages
Claimant is awarded the sum of $76,667.00 with interest thereon from January
20, 1998 (date of taking), to July 20, 1998 (six months subsequent to date of
taking), and from December 9, 1999 (date of filing of claim), to the date of
this decision and thereafter to the date of entry of judgment herein, pursuant
to CPLR 5001 and CPLR 5002; EDPL § 514; Court of Claims Act § 19(1);
subject to Court of Claims Act § 19(4).
ORDERED, that to the extent claimant has paid filing fee, it may be recovered
pursuant to Court of Claims Act § 11-a(2).
The award herein is exclusive of the claims, if any, of persons other than the
owners of the appropriated property, its tenants, mortgagees and lienors having
any right or interest in any stream, lake, drainage and irrigation ditch or
channel, street, road, highway, or public or private right-of-way, or the bed
thereof, within the limits of the appropriated property or contiguous thereto,
and is exclusive also of the claims, if any, for the value of or damage to
easements and appurtenant facilities for the construction, operation, and
maintenance of publicly owned or public service electric, telephone, telegraph,
pipe, water, sewer, and railroad lines.
LET JUDGMENT BE ENTERED ACCORDINGLY.