Legal Opinion
Long Island Rail Road v. State
New York Court of Claims
Decided February 2, 1951No. Claim No. 28291PublishedCited by 3 opinions
1Opinion of the CourtSylvester, J.
Claimant seeks damages for an alleged appropriation by the State of New York of certain of its properties in the village of Lynbrook, in connection with the elimination of a highway-railroad crossing at grade, pursuant to the Statewide Grade Crossing Elimination Act (L. 1928, ch. 678).
The lands affected were owned by the Long Island Rail Road Company, as authorized by its charter, for railroad purposes, but had been situated beyond the normal and reasonable limits of its right of way and were being used for noncarrier purposes. They are described as parcels Nos. 36 and 37 on Map No. 29,…
2Cases cited6 opinions
- Erie Railroad v. Board of Public Utility CommissionersSupreme Court of the United States · 1921
- Syracuse Grade Crossing Commission v. Delaware, Lackawanna & Western Railroad Co.New York Supreme Court · 1940
- In Re State Commission of Highways for Change of Grade Crossings in the Town of RipleyNew York Court of Appeals · 1925
- Syracuse Grade Crossing Commission v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1943
- Long Island Railroad v. StateNew York Court of Claims · 1945
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3Cited by3 opinions
- New York Central Railroad v. StateAppellate Division of the Supreme Court of the State of New York · 1954
- Berliner v. StateNew York Court of Claims · 1953
- New York Central Railroad v. StateNew York Court of Claims · 1952