Tripee v. Port of New York Authority

I disagree with the court’s conclusion

that a special legislative consent is needed before a property owner may sue to recover for the taking of his property by the State or one of its agencies. This State’s Constitution, in unequivocal terms, establishes an owner’s right to “ just compensation ” if his property is acquired for public use and, in effect, mandates that such compensation be paid (N. Y. Const., art. I, § 7, subd. [a]). It is my opinion, therefore — and it reflects the thinking of the high courts of many states with constitutional provisions similar to ours1 ***S.— that the…