Parisi v. State
Opinion of the Court
—Appeal from a judgment of the Court of Claims, entered December 3, 1973, which awarded claimant the sum of $34,950, together with appropriate interest, for the appropriation of real property. The claimant was the owner of approximately 31 acres of land located in the Town of Fishkill, Dutchess County, when the State appropriated the same on October 15, 1970. The property whs described by claimant’s appraiser as rolling land rising from Route 9-D, easterly, as being rather steep with level spots and heavily wooded. It was located about five miles south of Interstate Route 84 and afforded a scenic view of the Hudson River. The property had 1,036 feet of frontage on Route 9-D and was subjected to two different zones, the first zone which consisted of the frontage back to about 800 feet from 9-D and including about 17 acres being zoned RD-20 which permitted multifamily housing of 10 units to an acre, and the remaining portion being zoned RD-4A which permitted multifamily housing of one unit per acre or, alternatively, one single-family home per four acres. The claimant’s appraiser testified that the highest and ■best use of the property was multifamily housing as zoned and the court found that such was the highest and best use of the premises. The State’s appraiser had valued the premises as being suitable for a highest and best use for recreational purposes with incidental residential use. It is thus apparent that on an over-all basis there was no range of value which would have permitted reliance upon the opinion of the State’s appraiser. (See Nature Conservancy v. State of New York, 41 A D 2d 782.) Nevertheless, the trial court has found a before value which is about $92,000 less than that testified to by the claimant’s appraiser. Specifically, the claimant’s appraiser found a before value of $4,000 per acre and the court has found a value of $1,100 per acre. The issue is whether or not the record sustains the value of $1,100 per acre as found by the trial court in the absence of opinion evidence by the State based upon the highest and best use adopted by the claimant’s appraiser and found by the court. In justification of its reduction of the value testified to by the claimant’s appraiser, the court stated that it relied upon the claimant’s Sale No. 603 and the State’s Sale No. 246. (The court specified State’s Sale No. 249, however, there was no such Sale No. 249 and analysis of the record indicates that the court meant to say No. 246.) The claimant’s Sale No. 603 contains some 78 acres; was located in the neighboring Town of Wappinger; had about 40 acres available for multifamily housing units; had some marshy areas and was gently rolling; had frontage on two roads; and the sale occurred approximately one year prior to the appropriation herein. The selling price of Sale No. 603 was $2,500 per acre to which the claimant’s appraiser added an upward adjustment of $300 for time and $1,200 for topography, giving a total comparable value of $4,000 per acre. Without giving any specific values for the same, the court found that the sale had greater development potential than the subject; that it had a superior location; that its topography was much better than the subject property; and that the adjustment of some 12% upward for time was without support although some upward adjustment was appropriate. The record contains a description of the subject property as being a rugged hillside with steep grades and also a statement by the State’s appraiser to the effect that sale No. 603 was far superior to the subject premises as to its terrain or topography. Upon the present record, the court would have been justified in refusing to allow any upward adjustment of the same for topography
Case-law data current through December 31, 2025. Source: CourtListener bulk data.