In Re the Appraisal of Damages of Townsend
New York Court of Appeals
This is an appeal from an order of the Supreme Court for the appointment of commissioners to appraise the Appellants’ damages to lands flooded by the erection of a dam to form a reservoir in Greenwood Lake, in Orange county, to feed the Respondents’ canal; and -from an order confirming the appraisement made by the said commissioners.
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This is an appeal from an order of the Supreme Court for the appointment of commissioners to appraise the Appellants’ damages to lands flooded by the erection of a dam to form a reservoir in Greenwood Lake, in Orange county, to feed the Respondents’ canal; and -from an order confirming the appraisement made by the said commissioners. The Morris Canal and Banking Company was incorporated in 1824, by an act of the Legislature of New Jersey, to “construct a Canal to unite the river Delaware, near Easton, in the State of Pennsylvania, with the tide-waters of the Passaic, in New Jersey.” Another…
1Opinion of the CourtWoodruff, J.
That the State may, in virtue of its right of eminent domain, take private property forpublic use upon making compensation therefor, is not questioned on this appeal.
That, for the ascertainment of such compensation, where it is not paid by the State, in all cases (except the case of “private roads ”) it is competent to proceed by application to the Supreme Court, and the appointment of three commissioners to be appointed by that Court to determine the same, is not and cannot be disputed (Const., art. 1, §7; Act of April 11, 1855 ; Sess. Laws, ch. 296, p. 506).
It is far too late in the history…
2Cases cited4 opinions
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- People ex rel. Baldwin & Jaycox v. HawsNew York Supreme Court · 1862
- Justice v. LangNew York Court of Appeals · 1873
3Cited by49 opinions
- Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
- Water Works Co. v. BurkhartIndiana Supreme Court · 1872
- Lancey v. King CountyWashington Supreme Court · 1896
- Adams v. Greenwich Water Co.Supreme Court of Connecticut · 1951
- Dayton Gold & Silver Mining Co. v. SeawellNevada Supreme Court · 1876
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