Legal Opinion
Krog v. Village of Ellicottville
New York Supreme Court
Decided September 19, 2003Published
1Opinion of the Court
OPINION OF THE COURT
Larry M. Himelein, J.
Transportation Law § 18 gives the Commissioner of the New York State Department of Transportation (DOT) a preferential right to acquire abandoned railroad property. Subdivision (1) of this section prohibits a property owner from “disposing” of abandoned railroad property unless the Commissioner notifies the owner that the preferential right does not apply to the property or the Commissioner releases the preferential right. Any conveyance that violates “this section shall be null and void” (Transportation Law § 18 [1] [emphasis supplied]).
On October 29,…
2Cases cited9 opinions
- Belotti v. . BickhardtNew York Court of Appeals · 1920
- Di Leo v. Pecksto Holding Corp.New York Court of Appeals · 1952
- Van Gorder v. Masterplanned, Inc.New York Court of Appeals · 1991
- MAG Associates, Inc. v. SDR Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Lyon v. MelinoAppellate Division of the Supreme Court of the State of New York · 1995
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