Legal Opinion
In re Village of Port Byron
New York County Courts
Decided February 7, 1930PublishedCited by 5 opinions
1Opinion of the CourtMosher, J.
The owners filed written exception to the award of the commissioners herein upon the grounds that it is contrary to the *149evidence, contrary to law, against the weight of evidence, and for an insufficient amount.
The State, by the right of eminent domain, has the power to take private property for public use (Matter of Simmons, 58 Misc. 581, 586); but not without just compensation (Const. art. 1, §§ 6, 7), just to the owner and to the public (Brainerd v. State, 74 Misc. 100), placing the owner in the same position financially as he was before (Matter of Board of Rapid Transit R. R.…
2Cases cited16 opinions
- In Re Acquiring Title by City of New YorkNew York Court of Appeals · 1910
- South Buffalo Railway Co. v. KirkoverNew York Court of Appeals · 1903
- Newman v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- In re Department of Public ParksNew York Supreme Court · 1889
- Matter of City of BrooklynNew York Court of Appeals · 1894
11 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State Ex Rel. McKelvey v. StynerIdaho Supreme Court · 1937
- In re the Board of Supervisors, New York County Courts1938
- In re the Board of SupervisorsNew York Supreme Court · 1931
- Spring Valley Water Works & Supply Co. v. HaslachNew York Supreme Court · 1960
- Rochester Gas & Electric Corp. v. GoodwinNew York Supreme Court · 1962