Hinkley v. . State of New York
New York Court of Appeals
Appeal from a judgment, entered August 1, 1922, upon an order of the Appellate Division of the Supreme Court in the third judicial department reversing a judgment in favor of plaintiff entered upon an award of the Court of Claims and directing a dismissal of the claim. Property rights may be acquired as against the People of the State of New York through the filling and occupation of ungranted lands under navigable waters for a period of more than forty years. (Civ. Pr.
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Appeal from a judgment, entered August 1, 1922, upon an order of the Appellate Division of the Supreme Court in the third judicial department reversing a judgment in favor of plaintiff entered upon an award of the Court of Claims and directing a dismissal of the claim. Property rights may be acquired as against the People of the State of New York through the filling and occupation of ungranted lands under navigable waters for a period of more than forty years. (Civ. Pr. Act, § 31; People v. Clarke, 9 N. Y. 349; People v. Van Rensselaer, 9 N. Y. 291; Deshong v. City of New York, 176 N. Y. 475;…
1Opinion of the CourtCrane, J.
Chapter 555 of the Laws of 1918 provides for the construction of a barge canal terminal at Poughkeepsie, New York, and for the entry upon and acquisition of land needed for the site. The title states the purpose to be “ with a view of improving the commerce of the state, and making an appropriation therefor.”
Part of the land selected has been the subject of this litigation before the Court of Claims. It consists of property purchased on the water front of the Hudson river in 1818 by Matthew Vassar. Part of the land is upland, and the rest, as it exists to-day, is filled-in land. For the land…
2Cases cited24 opinions
- Belotti v. . BickhardtNew York Court of Appeals · 1920
- Sage v. Mayor of New YorkNew York Court of Appeals · 1897
- Trustees of the Freeholders & Commonalty of Brookhaven v. SmithNew York Court of Appeals · 1907
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- Fulton L., H. P. Co. v. . State of N.Y.New York Court of Appeals · 1911
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3Cited by82 opinions
- State v. Seventh Regiment Fund, Inc.New York Court of Appeals · 2002
- City of Tonawanda v. Ellicott Creek Homeowners Ass'nAppellate Division of the Supreme Court of the State of New York · 1982
- Castle Associates v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1978
- City of New York v. Wilson & Co.New York Court of Appeals · 1938
- Spiegel v. FerraroNew York Court of Appeals · 1989
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