People Ex Rel. Burhans v. City of New York
New York Court of Appeals
• Appeal from an order of the A ppellate Division of the Supreme Court in the third judicial department, entered September 15, 1909, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus.
Read the full summary
• Appeal from an order of the A ppellate Division of the Supreme Court in the third judicial department, entered September 15, 1909, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus. This proceeding grows out of the claim of Tina B. Lasher, who was a resident of Ulster county in this state, for compensation on account of damages alleged to have been sustained by her in the decrease in value of a boarding-house business which she had conducted upon lands condemned by the city of .New York for the purpose of extending its water supply. The claimant…
1Opinion of the CourtWerner, J.
We agree with the learned Appellate Division in the conclusion that the legislation under consideration in this proceeding violates none of the provisions of the Federal and State Constitutions which are invoked by the appellants. The right of eminent domain is an attribute of sovereignty which the state may grant or withhold at its will. When it delegates that right, it may impose upon the donee any condition that does not encroach upon or abridge any of the constitutional rights of those whose property is to be taken. It may require the donee of the right to do more than is demanded by the…
2Cases cited1 opinion
- Matter of City of New YorkNew York Court of Appeals · 1907
3Cited by27 opinions
- Banner Milling Co. v. State of New YorkNew York Court of Appeals · 1925
- Matter of Board of Water Supply of New YorkNew York Court of Appeals · 1938
- Matter of Van Etten v. . City of New YorkNew York Court of Appeals · 1919
- Matter of City of SyracuseNew York Court of Appeals · 1918
- In Re the Board of Water Supply Ex Rel. City of New YorkNew York Court of Appeals · 1914
22 more not listed; retrieve them via the Exa API.