Yaw v. . State
New York Court of Appeals
Appeal from an award of the Board of Claims dismissing the proceedings and awarding nothing for lands appropriated by the state for the construction of the new Oneida Lake canal, on the ground that the right to recover damages is barred by the Statute of Limitations. The facts, so far as material, are stated in the opinion.
1Opinion of the Court
Follett, Ch. J.
Prior to February 8,1878, the date of the appointment of the first superintendent of public works, the board of canal commissioners had the general care and superintendence of the- canals of this state, with power to appropriate, permanently or temporarily, lands necessary for their construction or maintenance. (Canst, art. 5, § 3, as amended in 1876; 1 B. S. 220, §§ 9, 16.)
The construction of the new Oneida Lake canal was authorized by chapter 934 of the Laws of 1867, pursuant to which it was afterwards built, and in the course of its construction tlie state permanently…
2Cases cited1 opinion
- Corkings v. . the StateNew York Court of Appeals · 1885
3Cited by3 opinions
- Ostrander v. . State of New YorkNew York Court of Appeals · 1908
- Burrows Paper Co. v. StateNew York Court of Claims · 1940
- Rizzo v. StateNew York Court of Claims · 1951