Legal Opinion
Bath & Hammondsport Railroad v. New York State Department of Environmental Conservation
New York Court of Appeals
Decided May 2, 1989PublishedCited by 10 opinions
1Opinion of the Court
OPINION OF THE COURT
Hancock, Jr., J.
Under ECL 3-0305 (1), the Commissioner of the Department of Environmental Conservation (DEC) is empowered to "acquire any real property which he deems necessary for any of the purposes or functions of the department, by purchase or as provided in the eminent domain procedure law” (emphasis added). With regard to acquisitions for purposes of fish and wildlife management, such as providing the public fishing access involved here, the Commissioner has specific authority under ECL 11-2103 (1) to "acquire [lands] by lease, purchase, gift, devise, agreement or…
2Cases cited5 opinions
- Price v. PriceNew York Court of Appeals · 1986
- People v. RyanNew York Court of Appeals · 1937
- Ferres v. City of New RochelleNew York Court of Appeals · 1986
- Schulman v. PeopleNew York Court of Appeals · 1961
- Society of the New York Hospital v. JohhsonNew York Court of Appeals · 1958
3Cited by10 opinions
- Pelman v. McDonald's Corp.District Court, S.D. New York · 2003
- Fumarelli v. Marsam Development, Inc.New York Court of Appeals · 1998
- Wechsler v. New York State Department of Environmental ConservationNew York Court of Appeals · 1990
- Wechsler v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1990
- Matter of Energy Ass'n v. Public Service CommissionNew York Supreme Court · 1996
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