Legal Opinion

In re Village of Saranac Lake

New York Supreme Court

Decided August 17, 2010PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

David Demarest, J.

These eminent domain proceedings were initiated by the Village of Saranac Lake (Village) to secure easements for the repair and reconstruction of a sewer line along the shore of Lake Flower. Although the sewer line had been in place for many years, there is no record of the Village ever having obtained easements for its construction and repair.

These proceedings are actually the second attempt to obtain easements, the first having been dismissed for procedural deficiencies.* This court found that the first proceedings, pursuant to New York’s Eminent Domain…

2Cases cited5 opinions

Hargett v. Town of TiconderogaNew York Court of Appeals · 2009
General Crushed Stone Co. v. StateNew York Court of Appeals · 1999
National Fuel Gas Supply Corporation v. Town of ConcordAppellate Division of the Supreme Court of the State of New York · 2002
In re the Acquisition of Real Property by the County of TompkinsAppellate Division of the Supreme Court of the State of New York · 1997
Town of Babylon v. SCTM 0100-76-01-008 (Ravich Realty Corp.)Appellate Division of the Supreme Court of the State of New York · 1994

3Cited by1 opinion

In re the Acquisition of Real Property by the Village of Saranac LakeAppellate Division of the Supreme Court of the State of New York · 2012