Legal Opinion

Ashland Oil & Refining Co. v. State

New York Court of Appeals

Decided April 23, 1970No. Claim 42843PublishedCited by 7 opinions

1Opinion of the CourtBreitel, J.

This appeal involves the right of an oil company to recover the costs of relocation of its pipeline laid in the bed of privately-owned land subject to a town right of way, the roadbed having been appropriated by the State in eminent domain for a State highway. It is concluded that the courts below correctly determined that the claimant was not entitled to recover such costs, as distinguished from the value, probably . inconsequential, of the easements that the oil company had obtained from the abutting owners who had held title to the roadbed.

Chestnut Ridge Road has been maintained and…

2Cases cited5 opinions

  1. New Orleans Gas Light Co. v. Drainage Commission of New OrleansSupreme Court of the United States · 1905
  2. Transit Commission v. Long Island RailroadNew York Court of Appeals · 1930
  3. Eels v. American Telephone & Telegraph Co.New York Court of Appeals · 1894
  4. James v. . SammisNew York Court of Appeals · 1892
  5. Cary v. DeweyAppellate Division of the Supreme Court of the State of New York · 1908

3Cited by7 opinions

  1. Desmond v. Town of Summit, New York County Courts1975
  2. Dutcher v. Town of ShandakenAppellate Division of the Supreme Court of the State of New York · 2005
  3. Rochester Telephone Corp. v. Village of FairportAppellate Division of the Supreme Court of the State of New York · 1982
  4. New York Telephone Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1979
  5. Informal Opinion No., New York Attorney General Reports1983

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