Eminent Domain Law

In claimant's action to recover damages for a taking of property, claimant appealed from a Court of Claims order granting summary judgment to the state. The Appellate Division affirmed, holding that claimant was not entitled to consequential damages for lack of access to its parcel.

Claimant's predecessor owned a parcel of land that abutted a state highway. In 1970, the state appropriated a portion of the predecessor's land to facilitate improvements to the highway. The remainder of predecessor's land no longer had access to the highway. In 1973, the predecessor obtained a state permit allowing it to build a driveway from the highway to its remaining parcel. The Department of Transportation, however, reserved the right to revoke the permit at its discretion without a hearing. In 2007, current claimant acquired predecessor's parcel and sought approval to build condominium units. Before purchasing, claimant obtained a title report which indicated that the parcel was landlocked and that no access to the highway could be insured. In 2010, the Department of Transportation revoked the driveway permit, landlocking the parcel. Claimant they brought this action for damages, contending that the revocation worked a taking. The Court of Claims granted summary judgment to the state.