Matter of Water Com'rs of Amsterdam
New York Court of Appeals
Appeal from, order of the General Term of the Supreme Court, in the third judicial department, made July 2, 1883, which affirmed an order of Special Term, confirming the report of commissioners of assessment. The material facts are stated in the opinion.
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Appeal from, order of the General Term of the Supreme Court, in the third judicial department, made July 2, 1883, which affirmed an order of Special Term, confirming the report of commissioners of assessment. The material facts are stated in the opinion. Assuming that the water commissioners were by the act in question authorized in their discretion forcibly to take either a fee or an easement in the lands, as is claimed by the respondents, they have by this proceeding taken the fee, not a mere easement. (Laws of 1881, chap. 101, p. 134, §§ 3, 4, 5; People v. Smith, 21H. Y. 595, 597, 598,…
1Opinion of the CourtDarforth, J.
The commissioners appointed under the act of the legislature providing “ for a supply of water in the village of Amsterdam * * * ” (Session Laws of 1881, chap. 101, as amended by Laws of 1882, vol. 1, chap. 197), presented their petition to the Supreme Court, and thereby represented that they had caused a survey and map of the land intended to be taken and entered upon for the purposes of the act to be made and filed; and “ that the real estate, tenements, property and rights described in the schedule thereunto annexed, and forming a part of the petition, are required therefor; that they are…
2Cases cited7 opinions
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- People Ex Rel. Herrick v. SmithNew York Court of Appeals · 1860
- In Matter of City of BuffaloNew York Court of Appeals · 1879
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- People Ex Rel. Williams v. . HainesNew York Court of Appeals · 1872
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- State ex rel. Attorney General v. Superior CourtWashington Supreme Court · 1904
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