Eminent Domain Mastodon

August 28, 2014

  • 97C Conversion and Civil Theft
  • 97CII Actions
  • 97CII(A)Right of Action and Defenses
  • 97Ck123 Title and Right to Possession of Plaintiff

08-28-14Where claimant, seeking to recover from the State for alleged conversion of mastodon skeleton unearthed by State’s contractor after de facto taking of portion of claimant’s property for highway purposes, had not been divested of legal title prior to discovery of skeleton, claimant was owner of skeleton and was entitled to damages for conversion thereof.

Hunterfly Realty Corp. v. State, 74 Misc.2d 345, (N.Y. Court of Claims, 1973)