Narrative Opinion Summary
The case involves an appeal by respondents challenging a judgment on damages awarded for a partial taking of their 3.5-acre property due to a road relocation in the Town of Ogden. The relocation resulted in the taking of a half-acre parcel but left access to the property intact via Gillett Road, with an additional driveway planned. The respondents' appraisal claimed a significant decrease in property value and rental income loss. However, the court awarded $6,982 for the land taken and $3,300 for the construction of a new driveway. Respondents contended that the court should have awarded consequential damages due to the alleged obsolescence of their commercial building and reduced development potential caused by the abandonment of Spencerport Road. The court dismissed these claims, stating that as long as adequate access remains, consequential damages from highway relocation or abandonment are not compensable. The decision maintained that the property retained sufficient access, thus affirming the original judgment without costs.
Legal Issues Addressed
Access and Compensation in Road Relocationsubscribe to see similar legal issues
Application: Despite changes in road access due to the partial taking, the court found that no compensable damages arose since access was maintained via existing and new driveways.
Reasoning: Access to the property is maintained via two curb cuts on Gillett Road, and additional access will be available with the new driveway.
Consequential Damages in Eminent Domainsubscribe to see similar legal issues
Application: The court ruled that consequential damages are not compensable when adequate property access is preserved, rejecting claims related to the obsolescence of the commercial building and reduced property utility due to road abandonment.
Reasoning: Respondents argued that the court erred by not awarding consequential damages. However, the ruling stated that as long as adequate access remains, damages from highway relocation are not compensable.
Eminent Domain and Compensation for Partial Takingsubscribe to see similar legal issues
Application: The court affirmed that compensation was awarded for the partial taking of land necessary for a road relocation, including costs for constructing a new driveway, but not for consequential damages due to highway abandonment.
Reasoning: The judgment awarded respondents $6,982 for the taking and a separate $3,300 for constructing a driveway to the new highway—both of which were not contested on appeal.