Hayden v. . State
New York Court of Appeals
Appeal from an award and order of the Court of Claims, made December 19, 1889. Thé claimant was awarded for land taken....... $21 49 For water................................... 1, 000 00 Total................................... $1, 021 49 The state concedes its liability for the land taken. Further facts are stated in the opinion.
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Appeal from an award and order of the Court of Claims, made December 19, 1889. Thé claimant was awarded for land taken....... $21 49 For water................................... 1, 000 00 Total................................... $1, 021 49 The state concedes its liability for the land taken. Further facts are stated in the opinion. The state, by virtue of the resolution of the canal board adopted in 1867, and the appropriation made thereunder, became entitled to the use of the entire water of Owasco lake and outlet. (1 R. S. [8th ed.] 717, 732, §§ 16, 18; Shaver v. Eldred, 114 N. Y. 236; S.…
1Opinion of the Court
Follett, Ch. J.
May 14,1866, the state temporarily appropriated the water of Owasco lake and the Oriskany creek, under this resolution:
“ Resolved, That the canal commissioners in charge of the middle and eastern divisions would not only be justified, but in view of the past and present scarcity of water on the Port Byron and eastern portion of the long levels of the Erie canal, it is their duty to make a temporary appropriation of the waters of the Owaseo lake and the Oriskany creek, as provided by the statute.”
A claim for the damages under this appropriation was filed,, but no appraisement…
2Cited by9 opinions
- Bell Telephone Co. v. . ParkerNew York Court of Appeals · 1907
- People v. . FisherNew York Court of Appeals · 1908
- City of Syracuse v. StaceyNew York Supreme Court · 1895
- Otter Tail Power Co. v. BrastadSupreme Court of Minnesota · 1915
- Raymond v. StateNew York Court of Claims · 1955
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