Legal Opinion

In re Water Supply

Appellate Division of the Supreme Court of the State of New York

Decided July 25, 1913Published

Appeal from Special Term, Nassau County. Application of the City of New York to acquire real estate at Wantagh, in the town of Hempstead, county of Nassau, for purposes of water supply. From an order confirming Commissioners’ report, Edwin H. Brown appeals. Affirmed.

1Opinion of the CourtPutnam, J.

This is a proceeding to condemn land and to acquire an easement “to draw down the streams and ponds” and waters of any description, as shown upon a map duly filed. The territory to be affected was in Wantagh in the town of Hempstead, to the south of the “infiltration gallery,” between the Merrick Road and Great South Bay—a district of approximately three square miles in area. This appeal is by Mr. Edwin H. Brown as owner of about 116 acres, in which is an artificial fresh water pond, originally of about 21 acres. Mr. Brown’s title is through deed from one Jacob S. J. Jones, who in 1885 also…

2Cases cited3 opinions

  1. Van Wycklen v. . City of BrooklynNew York Court of Appeals · 1890
  2. New England Cotton Yarn Co. v. Laurel Lake MillsMassachusetts Supreme Judicial Court · 1906
  3. Strang v. City of New YorkNew York Supreme Court · 1910

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