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…
1DissentMiller, J.
The principal and most important question which lies at the foundation of this case, and upon which it must be determined, is, whether this Legislature possess the constitutional power to authorize the taking of private property for the use of a foreign corporation, organized by the laws of an adjoining State, and located within the borders of that State, upon the payment of a just compensation to the owner of the property thus taken.
This involves the right of eminent domain, by which the people, in their sovereign capacity, have a right to resume the possession of property in the manner…
2Cases cited5 opinions
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
- People Ex Rel. Herrick v. SmithNew York Court of Appeals · 1860
- Wood v. Jackson ex dem. GenetNew York Supreme Court · 1837