Bulletin: NY000017

Dear Associates:

Please be advised that we have recently received a number of questions concerning condemnation proceedings wherein the State has sought to terminate any Right of Access to Highways from the remainder of the condemned property. In the event that property is taken for Roads or Highways, please review any Deeds or Judgments in the chain of title which reflect the Deed or a taking by the Municipal, State or Federal Government.

Caution should always be exercised in dealing with titles to land fronting highways and service roads. Very often, Highway Departments take the position that the owner of the property who previously did not have frontage on the service road or highway which was widened during construction, does not, presently, as a matter of right, have access to such service road or highway resulting from the new frontage. Always review the applicable maps or plats to determine the situation. In the event that the Right of Access to property adjoining a highway has been terminated by Deed or condemnation proceeding which specifically recites that the governmental authority is acquiring the abutting owner's rights of ingress and egress, please use the following exception in the policy:

"Failure of the above described property to have access to __________ street."

In the event you have any further questions with regard to the above, please do not hesitate to contact me at your earliest convenience.