In re the Acquisition of Real Property by the County of Tompkins

Mikoll, J. P.

Appeal from an order of the Supreme Court (Rumsey, J.), entered October 17, 1995 in Tompkins County, which, in a proceeding pursuant to EDPL article 4, granted petitioner’s application to acquire certain real property for flood control purposes.

Petitioner has acquired by eminent domain 20.54 acres of respondent’s land to be used to accommodate a spillway related to a flood control project involving the construction of a 68-foot-high earthen dam. In granting the petition to acquire the land, Supreme Court found that the acquisition was made in a timely manner, that petitioner was…