In re Tracy
New York Supreme Court
Appeal from special term, Albany county. Application by Edward Tracy and others, as water commissioners of the village of Lansingburgh, to acquire the right to appropriate a stream of water to the uses of the village. From an order confirming the report of commissioners appointed to estimate damages to proprietors, Warren Erwin, a proprietor, appeals.
1Opinion of the CourtLandon, J.
For the purpose of providing the village of Lansingburgh with a proper supply of pure water, the water commissioners intercepted and appropriated the waters of Oil Mill creek above the appellant’s premises, and thus totally deprived him of the use of the stream as a water power and privilege. The water commissioners instituted this proceeding under chapter 432, Laws 1883, to acquire the water-rights thus appropriated. The commissioners appointed by the court to appraise the just compensation to be made to the appellant awarded him $900.
Ho error of law is alleged. We should not find an error…
2Cited by1 opinion
- Sparks Manufacturing Co. v. Town of NewtonNew Jersey Court of Chancery · 1898