Legal Opinion
In re the County of Nassau
Appellate Division of the Supreme Court of the State of New York
Decided July 17, 1961Published
1Opinion of the Court
As to damage parcel No. 48 S. E., in our opinion it was error to deny compensation for the taking of the “ slope and fill easement” and for the consequential damages resulting from such taking. Title to that easement vested in the county upon entry of the order of June 6, 1955. That order was not appealed or vacated, and it is still a binding adjudication. Even if such order were not a binding adjudication, we see no invalidity in the taking which would have defeated the vesting of title to the easement in the county. The extent of a taking is measured by the language used and the need to be…
2Cases cited5 opinions
- Matter of City of SyracuseNew York Court of Appeals · 1918
- Mott v. . EnoNew York Court of Appeals · 1905
- Buffalo Valley Realty Co. v. State of N.Y.New York Court of Appeals · 1937
- Syracuse Grade Crossing Commission v. M. A. Wellin Oil Co.New York Court of Appeals · 1946
- Syracuse Grade Crossing Commission v. M. A. Wellin Oil Co.Appellate Division of the Supreme Court of the State of New York · 1944