Matter of Board of Street Opening, Etc.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made December 31, 1891, which affirmed an order of Special Term appointing-commissioners of estimate and assessment. The nature of the proceeding and the facts, so far as material, are stated in the opinion. Property which is not required for a proposed public use cannot be taken by the power of eminent domain.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made December 31, 1891, which affirmed an order of Special Term appointing-commissioners of estimate and assessment. The nature of the proceeding and the facts, so far as material, are stated in the opinion. Property which is not required for a proposed public use cannot be taken by the power of eminent domain. (In re Albany St., 11 Wend. 148; Embury v. Conner, 3 N. Y. 511, 516, 517; In re N. F. Co., 108 id. 375 ; Hunter v. Sandy Hill, 6 Hill, 407.) Courts of equity will restrain the disturbance of…
1Opinion of the Court
Earl, Ch. J.
The act,.chapter 320 of the Laws of 1887, provides that the board of street opening and improvement of the city of Hew York “is authorized and empowered to select, locate and lay out such and so many public parks in the city .of Hew York south of One Hundred.and Fifty-fifth street as the board may from time to time determine,” and it confers upon the board power to acquire for park purposes, by .condemnation proceedings under the statute, “ any and all lands, tenements and hereditaments which said board shall deem necessary to be surveyed, used or converted for the laying out,…
2Cases cited4 opinions
- In Re Deansville Cemetery Ass'n to Acquire Title to Lands of MillerNew York Court of Appeals · 1876
- Matter of Petition of N.Y., L. W.R.R. Co.New York Court of Appeals · 1885
- Wood v. Macon & Brunswick RailroadSupreme Court of Georgia · 1882
- Schoonmaker v. Minister of the Reformed Protestant Dutch ChurchNew York Supreme Court · 1850
3Cited by19 opinions
- Price v. PriceNew York Court of Appeals · 1986
- Matter of City of New York (Ely Avenue)New York Court of Appeals · 1916
- Memphis State Line Railroad v. Forest Hill Cemetery Co.Tennessee Supreme Court · 1906
- In Re the Arbitration Between Greenberg & Ryder Truck Rental, Inc.New York Court of Appeals · 1987
- In re the Mayor of New YorkNew York Supreme Court · 1907
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