Niagara, Lockport & Ontario Power Co. v. Horton

This is a proceeding conducted under the Condemnation Law, pursuant to authority of subdivision 3 of section 624 of the Conservation Law (as amd. by Laws of 1922, chap. 242). Briefly the statute provides that the owner of “ a major part of the head and volume of the usable flow ” of “a single undeveloped water power site ” may acquire the minor rights by condemnation proceedings, after first obtaining from the Public Service Commission a certificate (1) that the power site sought to be condemned is a single one; (2) that the corporation seeking the certificate is the owner of the major part…