Village of Canajoharie v. State

Appeal by the State from a judgment of the Court of Claims which awarded compensation to the claimant village for the permanent appropriation of land for Thruway purposes, pursuant to article XII-A of the Highway Law. The amount of the award is not questioned. The State contends that the village held the appropriated land in a governmental capacity for the benefit of the public, and hence is not entitled to compensation for it. The parties are in accord upon all but one question. They agree that a municipal corporation may own real estate in two capacities: (1) “ governmental ”, and (2) “…