Town of Colonie v. Sanderson

OPINION OF THE COURT

Aaron E. Klein, J.

Petitioner, Town of Colonie, seeks an order of this court for permission to enter upon the land of respondent, Emily M. Sanderson, for the purpose of completing construction of the Loudon Heights Laterals Sewer Improvement Project.

The petition alleges that the sanitary sewer line for which the easement is sought will be underground, and there will be no permanent damage as a result of its construction. The petition also alleges that petitioner has not been able to come *499to an agreement with respondent Sanderson as to the value of the easement, and that…