City of New York v. Sage
District Court, S.D. New York
Petition by John A. Bensel and others as the Board of Water Supply of the City of New York to acquire land for a reservoir site. On remand from the Supreme Court after a writ of certiorari by the City of New York from an order awarding damages for land belonging to William Sage, Jr. 239 U. S. 57, 36 Sup. Ct. 25, 60 L. Ed.-.
1Opinion of the Court
LEARNED HAND, District Judge.
[1] I can see no reason to suppose that there was any practical way of uniting this land with adjoining lands' into a reservoir site except by the right of eminent domain. The possibility which Mr. Justice Holmes has in mind is that the land might have an added value due*’ to its availability for such a union through the usual course of the market, just as a corner lot has added value in the city of New York if available for an apartment house. Nobody can suppose that-a reservoir site can result in that way, or without the right of eminent domain as a necessary…
2Cases cited2 opinions
- City of New York v. SageSupreme Court of the United States · 1915
- City of New York v. SageCourt of Appeals for the Second Circuit · 1913
3Cited by1 opinion
- In re the Valuation Proceedings under Sections 303(c) & 306Special Court under the Regional Rail Reorganization Act · 1977