People v. Fisher
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Clarence L. Fisher and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Herkimer on the 28th day of March, 1917, upon the decision of the court after a trial at the Herkimer Special Term. The judgment decreed that the People of the State of New York were the owners of the land described in the complaint.
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Appeal by the defendants, Clarence L. Fisher and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Herkimer on the 28th day of March, 1917, upon the decision of the court after a trial at the Herkimer Special Term. The judgment decreed that the People of the State of New York were the owners of the land described in the complaint. The State based its claim of title upon a proceeding taken by the Forest Purchasing Board to acquire the land in question. The court found that the proceedings of the Forest Purchasing Board…
1Opinion of the Court
Hubbs, J.:
By chapter 283 of the Laws of 1885 the Legislature of the State created the Forest Preserve. That act established the policy of the State to conserve the wild forest lands and protect the head waters of the chief rivers of the State. The law was amended from time to time for the purpose of carrying out such policy.
By chapter 220 of the Laws of 1897 the Forest Preserve Board was given the power of eminent domain. That law also defined the powers and duties of the Board. Prior to its passage the Board had had power to acquire land solely by purchase. By chapter 94 of the Laws of 1901…
2Cases cited2 opinions
- Matter of Water Com'rs of AmsterdamNew York Court of Appeals · 1884
- People Ex Rel. Babcock v. . MurrayNew York Court of Appeals · 1877
3Cited by4 opinions
- Decker v. People, New York County Courts1959
- Haas v. NickersonAppellate Division of the Supreme Court of the State of New York · 1967
- Iroquois Gas Corp. v. JurekAppellate Division of the Supreme Court of the State of New York · 1968
- In re the Board of Education of the Utica City School DistrictAppellate Division of the Supreme Court of the State of New York · 1956