People Ex Rel. Williams v. . Haines
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the eighth judicial district, affirming the proceedings of the commissioners in draining certain lands in the town of Royalton, in Niagara county. The judgment of the Supreme Court appealed from was rendered upon the joint return of the respondents to two writs of certiorari, the one directed to Jesse P. Haines and two others, commissioners, etc., and the other to the board of supervisors.
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Appeal from an order of the General Term of the Supreme Court in the eighth judicial district, affirming the proceedings of the commissioners in draining certain lands in the town of Royalton, in Niagara county. The judgment of the Supreme Court appealed from was rendered upon the joint return of the respondents to two writs of certiorari, the one directed to Jesse P. Haines and two others, commissioners, etc., and the other to the board of supervisors. By an act of the legislature, passed in April, 1867, Haines and his two associates were appointed commissioners for draining certain low…
1Opinion of the CourtAllen, J.
Conceding that the purchase and use for which the lands of the relators were authorized to be taken and occupied by chapter 774 of the Laws of 1867 was a public use, and such as authorized the exercise of the sovereign right of eminent domain, the lands could only be taken or appropriated in iwoitwm upon just compensation to the owner. (Const., art. 1, § 6.) Although the occupancy and use of the lands for the purpose of constructing and maintaining a ditch for the draining of the low lands upon its borders did not deprive the owner of the fee and gave the public but an easement, it was such…
2Cases cited2 opinions
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Enfield Toll Bridge Co v. Hartford & New-Haven Rail-RoadSupreme Court of Connecticut · 1846
3Cited by27 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Moore v. . City of AlbanyNew York Court of Appeals · 1885
- Matter of Water Com'rs of AmsterdamNew York Court of Appeals · 1884
- Olmsted v. . DennisNew York Court of Appeals · 1879
- Town of Capitol Heights v. SteinerSupreme Court of Alabama · 1924
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