Legal Opinion

Hayner v. State

New York Court of Claims

Decided September 28, 1948No. Claim No. 28833PublishedCited by 2 opinions

1Opinion of the CourtGreenberg, J.

This claim is predicated upon the appropriation of part of claimant’s land by the State for the purpose of constrncing State highway 5561, Gasport-Middleport, in the county of Niagara.

The State has resisted part of the claim on the ground that title to parcel 43 on map 41 was in the county of Niagara rather than in the claimant.

*75In 1906, the Buffalo, Lockport and Rochester Railway Company instituted condemnation proceedings in the Supreme Court, Niagara County, for the purpose of acquiring possession of the strip in question for the operation of a street surface railway - and judgment was…

2Cases cited11 opinions

  1. Samuel D. Harris and Others v. Jesse D. ElliottSupreme Court of the United States · 1836
  2. Porter v. . International Bridge Co.New York Court of Appeals · 1910
  3. Hooker v. Utica & Minden Turnpike Road Co.New York Supreme Court · 1834
  4. Bradley v. . CraneNew York Court of Appeals · 1911
  5. Appleton v. . City of New YorkNew York Court of Appeals · 1916

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3Cited by2 opinions

  1. Connolly v. StateNew York Court of Claims · 1950
  2. In re City of New YorkNew York Supreme Court · 1953

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