In re the City of New York to Acquire Certain Real Estate at Wantagh
Appellate Division of the Supreme Court of the State of New York
Appeal by Edwin H. Brown, claimant, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Nassau on the 16th day of June, 1911, confirming the report of commissioners of appraisal, and also from the report of said commissioners.
1Opinion of the Court
Putnam, J.:
This is a proceeding to condemn land and to acquire an easement “ to draw down the streams and ponds ” and waters of any description, as shown upon a map duly filed. The territory to be affected was in Wantagh in the town of Hemp-stead, to the south of the “ infiltration gallery,” between the Merrick road and Great South bay — a district of approximately three square miles in area. This appeal is by Mr. Edwin H. Brown as owner of about one hundred and sixteen acres, in which is an artificial fresh water pond, originally of about twenty-one acres. Mr. Brown’s title is through deed…
2Cases cited3 opinions
- Van Wycklen v. . City of BrooklynNew York Court of Appeals · 1890
- New England Cotton Yarn Co. v. Laurel Lake MillsMassachusetts Supreme Judicial Court · 1906
- Strang v. City of New YorkNew York Supreme Court · 1910