State Water Supply Commission v. Curtis
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 23, 1908, in favor of plaintiff, upon the submission of a controversy under section 1279 of the Code of Civil Procedure.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 23, 1908, in favor of plaintiff, upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The Appellate Division, in the order permitting the appeal, certified five questions to this court: 1st. Is chapter 734 of the Laws of 1904 unconstitutional in that it authorizes the taking of property for the purposes of the act without just compensation ? 2nd. Is such Act unconstitutional in that it fails to make provision for the…
1Opinion of the CourtWillard Bartlett, J.
By chapter 734 of the Laws of 1904 the legislature established a permanent commission for the regulation of the flow of watercourses in this state in aid of the public health and safety to be known as the river improvement commission. In 1906 all of the powers and duties of the river improvement commission as thus created and established were transferred to and devolved upon the state water supply commission. (Laws of 1906, chap. 418.)
The present controversy relates to the right of the state water supply commission to regulate the flow of Canaseraga creek, a watercourse in the county of…
2Cases cited3 opinions
- Smith v. . City of RochesterNew York Court of Appeals · 1883
- Sage v. . City of BrooklynNew York Court of Appeals · 1882
- People Ex Rel. Simpson v. . WellsNew York Court of Appeals · 1905
3Cited by10 opinions
- Board of Water Commissioners v. JohnsonSupreme Court of Connecticut · 1912
- State Ex Rel. Willapa Electric Co. v. Superior CourtWashington Supreme Court · 1938
- Schrader v. Third Judicial District CourtNevada Supreme Court · 1937
- Board of Hudson River Regulating District v. Fonda, Johnstown & Gloversville RailroadNew York Supreme Court · 1926
- People ex rel. Bingham v. State Water Supply CommissionNew York Supreme Court · 1911
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