(Download) "Chancy W. Bovee Et Al. v. State" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Chancy W. Bovee Et Al. v. State
- Author : Supreme Court of New York
- Release Date : January 17, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
AULISI, J. Appeal from a judgment of the Court of Claims which awarded damages for the de facto appropriation of a strip of land used to widen State Highway Route 10. In 1960, the State reconstructed Route 10 and widened it to within eight feet of the front of claimants' house. After the reconstruction was completed the pavement of the road was 10 to 12 feet closer to the house and the State's right of way stakes were placed within 18 inches of the house. Respondents, claiming that title to their land extended to the center of the road; that the road had a width of three rods; and that the State had encroached upon their property, were awarded damages by the trial court. It found that the State was entitled to claim whatever right of way had been originally acquired by the Ulster and Delaware Turnpike Company and the right of way so acquired was limited to the extent of actual user. The court rejected the State's contention that a four-rod road had been acquired. We are constrained to disagree. It is true that where a road has obtained its character as a public highway by user its width is determined by the width of the improvement (People v. Sutherland, 252 N. Y. 86; cf. Beisheim v. People, 26 Misc. 2d 684). But, where the road has been laid out under a statute, it is the statute and not the user that determines its width (Walker v. Caywood, 31 N. Y. 51). The failure of the State to occupy the full width, or to improve the road in the manner provided, does not constitute an abandonment of the easement of the unused portion (Highway Law, § 205; Walker v. Caywood, supra; Beckwith v. Whalen, 65 N. Y. 322; Mangam v. Village of Sing Sing, 26 App. Div. 464, affd. 164 N. Y. 560). There is proof in the record before us to sustain the State's claim that Route 10, in the controverted area, originally came into existence as a
 "Chancy W. Bovee Et Al. v. State" by Supreme Court of New York # eBook PDF Kindle ePub Free){kind=link}