Legal Opinion

Hargett v. Town of Ticonderoga

Appellate Division of the Supreme Court of the State of New York

Decided December 28, 2006PublishedCited by 6 opinions

1Opinion of the CourtMugglin, J.

Proceeding initiated in this Court pursuant to EDPL 207 to review a determination of respondents which condemned a portion of petitioner’s land for the laying of a new highway.

The central issue presented is whether a town superintendent of highways, acting pursuant to the Highway Law and the Eminent Domain Procedure Law, may condemn private property to lay out a new highway from an existing town road to state-owned woodlands based on the superintendent of highways’ finding that increased access to the state property for recreational users will enhance the growth of a tourist-based economy in…

2Cases cited5 opinions

  1. Waldo's, Inc. v. Village of Johnson CityNew York Court of Appeals · 1989
  2. Flynn v. . HurdNew York Court of Appeals · 1889
  3. Broadway Schenectady Entertainment, Inc. v. County of SchenectadyAppellate Division of the Supreme Court of the State of New York · 2001
  4. Gray v. Town of OppenheimAppellate Division of the Supreme Court of the State of New York · 2001
  5. Hargett v. Town of TiconderogaAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by6 opinions

  1. Hargett v. Town of TiconderogaNew York Court of Appeals · 2009
  2. In re the Acquisition of Real Property by the County of CortlandAppellate Division of the Supreme Court of the State of New York · 2010
  3. Hargett v. Town of TiconderogaNew York Supreme Court · 2010
  4. Matter of Bowers Dev., LLC v. Oneida County Indus. Dev. AgencyAppellate Division of the Supreme Court of the State of New York · 2022
  5. Hargett v. Town of TiconderogaAppellate Division of the Supreme Court of the State of New York · 2008

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