NEW YORK COURT HOLDS REVOCABLE LICENSE TO USE CONDEMNED EASEMENT FOR ACCESS TO REMAINING LAND CANNOT BE CONSIDERED IN DETERMINING SEVERANCE DAMAGES BUT STATE SHOULD GRANT UNREVOCABLE PERMIT IN ORDER TO MITIGATE DAMAGES

THE CLAIMANT OWNED A 156 PLUS-ACRE TRACT OF LAND WHICH WAS BEST SUITED FOR RESIDENTIAL PURPOSES. THE STATE APPROPRIATED SOME OF THE LAND FOR HIGHWAY PURPOSES AND FOR TWO PERMANENT EASEMENTS. HOWEVER, RESTRICTIONS WERE SET UP FOR THE EASEMENTS AND THE OWNER FELT THAT HE HAD NO REASONABLE MEANS OF ACCESS TO HIS PROPERTY AND THAT THE REMAINDER OF THE PROPERTY HAD DECREASED IN VALUE. THE STATE CONTENTED THAT THE CLAIMANT HAD SUFFERED NO LOSS OF ACCESS SINCE HE COULD BUILD A BRIDGE ACROSS THE PERMANENT EASEMENTS AND THAT, THEREFORE, THE ONLY DAMAGE TO THE REMAINING PROPERTY WAS THE COST OF CONSTRUCTING ACCESS ACROSS THE EASEMENTS. THE COURTS RULED THAT THE STATE SHOULD BE PERMITTED TO AUTHORIZE THE CONSTRUCTION OF A BRIDGE WITH A RIGHT TO ITS USE AND, IF THE STATE FAILED TO GRANT THE AUTHORIZATION THEN SEVERANCE DAMAGES TO BE BASED UPON THE COSTS OF THE BRIDGE AND OTHER DAMAGES WOULD BE AWARDED. ALSO, THE CLAIMANT COULD MAKE FUTURE CLAIMS IF HIS ACCESS RIGHTS WERE INTERFERED WITH. (WOLFE V. STATE, 259 N.Y.S. 2D 13, MAY 1965)

  • Publication Date: 1966-1

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Filing Info

  • Accession Number: 00238616
  • Record Type: Publication
  • Report/Paper Numbers: No 15 pp 2-3
  • Files: TRIS
  • Created Date: Feb 10 1994 12:00AM