Legal Opinion

Niagara Falls Power Co. v. Duryea

New York Supreme Court

Decided September 19, 1945PublishedCited by 8 opinions

1Opinion of the CourtBergan, J.

The Niagara Falls Power Company for many years has been a user of substantial quantities of water from the Niagara River for power purposes. By operation of law as a riparian owner and by virtue of specific legislative grants and certain State patents, it claims to have acquired a property right in the use of 15,100 cubic feet per second. In 1943 the *698Legislature by law asserted the priority of the State to this water and directed that an equitable rental be paid for its use. (L. 1943, ch. 46.) The Water Power and Control Commission which was required by the statute to fix the amount of the…

2Cases cited16 opinions

  1. Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
  2. Smith v. . City of RochesterNew York Court of Appeals · 1883
  3. The People v. . the Canal AppraisersNew York Court of Appeals · 1865
  4. Fulton L., H. P. Co. v. . State of N.Y.New York Court of Appeals · 1911
  5. People v. New York & Staten Island Ferry Co.New York Court of Appeals · 1877

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3Cited by8 opinions

  1. Federal Power Commission v. Niagara Mohawk Power Corp.Supreme Court of the United States · 1954
  2. People v. System Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 1953
  3. Andrews v. State of New YorkNew York Court of Claims · 1959
  4. Hackensack Water Company v. Village of NyackDistrict Court, S.D. New York · 1968
  5. Niagara Mohawk Power Corp. v. Federal Power CommissionCourt of Appeals for the D.C. Circuit · 1953

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