Danes v. State
Appellate Division of the Supreme Court of the State of New York
Appeal from Board of Claims. Proceeding by Samuel A. Danes and another against the State of New York. From a judgment or determination of the Board of Claims of the State of New York, in favor of claimants and against the State of New York, for the sum of $9,050, with interest thereon from July 1, 1910, amounting in all to the sum of $11,359.18, for real property of claimants situate on the Mohawk river, in the town of Niskayuna, Schenectady county, appropriated by the state…
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Appeal from Board of Claims. Proceeding by Samuel A. Danes and another against the State of New York. From a judgment or determination of the Board of Claims of the State of New York, in favor of claimants and against the State of New York, for the sum of $9,050, with interest thereon from July 1, 1910, amounting in all to the sum of $11,359.18, for real property of claimants situate on the Mohawk river, in the town of Niskayuna, Schenectady county, appropriated by the state for barge canal purposes, both parties appeal.
1Opinion of the CourtHoward, J.
The claimants owned a strip of land bordering on the Mohawk river in Schenectady county, in proximity to the city of Schenectady. On these lands were a farmhouse and outbuildings, a well, an apple orchard, and a few cherry trees. In 1902 that portion of the farm bordering on the Mohawk was laid out into building lots. Prior to the appropriation of, these lands by the state, many of these building lots had been sold. The formation of the river bed at that point is such that there was a fall or head of 4% feet between the upper and lower bounds of the property taken, so that an undeveloped…
2Cases cited6 opinions
- The People v. . the Canal AppraisersNew York Court of Appeals · 1865
- Fulton L., H. P. Co. v. . State of N.Y.New York Court of Appeals · 1911
- People v. PlattNew York Supreme Court · 1819
- City of Syracuse v. StaceyAppellate Division of the Supreme Court of the State of New York · 1899
- In re ChapinNew York Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- City of Amsterdam v. W. N. Carpenter Co.Appellate Division of the Supreme Court of the State of New York · 1915