In re Department of Public Parks
New York Supreme Court
Motion to confirm report of commissioners of estimate. Under special act of the legislature of Mew York, the supreme court appointed “commissioners of estimate and assessment” to make awards to owners of lands which were taken for a public park, and to report their proceedings for confirmation. On a motion to confirm the report, the objections of property owners are considered as of appeal from the action of the commissioners.
1Opinion of the CourtVan Brunt, P. J.
There are three general questions which are raised by all the opponents to the form of the report of the commissioners as it stands. It will be advisable to consider these general objections before we pass to the consideration of questions raised in opposition to such confirmation peculiar to each individual objector.
The general questions referred to are that the commissioners erred in appraising the value of the lands taken as of June, 1884, the date of the passage of the act by which the land, the value of which they were appointed to ascertain, was condemned and appropriated for the public…
2Cases cited14 opinions
- Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
- Matter Appl'n Mayor, Etc., of City of N.Y.New York Court of Appeals · 1885
- Baltimore and Susquehanna Railroad Co. v. NesbitSupreme Court of the United States · 1851
- In re WilliamNew York Supreme Court · 1839
- Burt v. Merchants' InsuranceMassachusetts Supreme Judicial Court · 1874
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3Cited by35 opinions
- In re City of RochesterAppellate Division of the Supreme Court of the State of New York · 1932
- Guyandot Valley R'y Co. v. BuskirkWest Virginia Supreme Court · 1905
- Rose v. State of New YorkNew York Court of Appeals · 1969
- Rea v. Pittsburg & Connellsville RailroadSupreme Court of Pennsylvania · 1910
- City of St. Louis v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1916
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