Legal Opinion

Matter of City of Brooklyn

New York Court of Appeals

Decided December 19, 1895PublishedCited by 48 opinions

Appeal from order of the General Term of the Supreme Court in the second judicial department, made the second Monday of May, 1895, which reversed an order of the Special Term granting to appellant, the Long Island Water Supply Company, an extra allowance. This proceeding was instituted by the city of Brooklyn, under chapter 481, Laws "of 1892, to acquire, by eminent domain, the property and franchises of the Long Island Water Supply Company.

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Appeal from order of the General Term of the Supreme Court in the second judicial department, made the second Monday of May, 1895, which reversed an order of the Special Term granting to appellant, the Long Island Water Supply Company, an extra allowance. This proceeding was instituted by the city of Brooklyn, under chapter 481, Laws "of 1892, to acquire, by eminent domain, the property and franchises of the Long Island Water Supply Company. After an award of commissioners of appraisal, appointed by the court, the appellant made a motion for an extra allowance, which was granted. On appeal to…

1Opinion of the Court

Andrews, Ch. J.

We fully agree with the opinion of the judge at Special Term that an extra allowance should be made to the appellant for defending the proceedings to acquire its-property, provided the court had power to make such allowance. A person or corporation, whose property is sought to be taken under condemnation proceedings, is entitled to be heard at every step in the process, and in justice should be compensated not only for the land or property taken, but should be indemnified against all costs and expenses reasonably incurred either in resisting the appropriation or in the…

2Cases cited3 opinions

  1. Matter of Application of HoldenNew York Court of Appeals · 1891
  2. In Re Rochester Water Commissioners to Acquire Lands of Rochester Water Co.New York Court of Appeals · 1876
  3. Matter of City of BrooklynNew York Court of Appeals · 1894

3Cited by48 opinions

  1. City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971
  2. In Re Board of Rapid Transit RailroadNew York Court of Appeals · 1909
  3. City of Ottumwa v. TaylorSupreme Court of Iowa · 1960
  4. County of Erie v. . FridenbergNew York Court of Appeals · 1917
  5. Brainerd v. StateNew York Court of Claims · 1911

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