In re State Reservation at Niagara
New York Supreme Court
Hearing before Hons. Luther R. Marsh, Matthew Hale and Pascal P. Pratt, Commissioners of Appraisement, appointed by the supreme court, upon the petition of the Commissioners of the State Reservation at Niagara, to ascertain and report the compensation to be paid to the owners of property taken by the State under chapter 336, of the Laws of 1883 (amended by L. 1884, c. 109), authorizing the selection, location and appropriation of certain lands in the village of Niagara Falls…
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Hearing before Hons. Luther R. Marsh, Matthew Hale and Pascal P. Pratt, Commissioners of Appraisement, appointed by the supreme court, upon the petition of the Commissioners of the State Reservation at Niagara, to ascertain and report the compensation to be paid to the owners of property taken by the State under chapter 336, of the Laws of 1883 (amended by L. 1884, c. 109), authorizing the selection, location and appropriation of certain lands in the village of Niagara Falls for a State Reservation, in order to preserve the scenery of the Falls of Niagara. The lands sought to be taken and…
1Opinion of the Court
Marsh, Commissioner.
At this early stage of the proceedings, a question of great importance is submitted to the commissioners of appraisement, the determination of which will probably admit or exclude a large mass of evidence herein.
The owners of Goat Island and the smaller isles in proximity, claim that they, on this appraisement, are entitled to the-use of the water power afforded by the Niagara River a s it flows past them, and that the State of New York, if it takes these islands under the right of eminent domain, for the purpose contemplated by this proceeding, should compensate such…
2Cases cited98 opinions
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- The MontelloSupreme Court of the United States · 1874
- County of St. Clair v. LovingstonSupreme Court of the United States · 1874
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Campbell v. . SeamanNew York Court of Appeals · 1876
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3Cited by6 opinions
- Sparkill Realty Corp. v. State of New YorkNew York Court of Appeals · 1935
- Brainerd v. StateNew York Court of Claims · 1911
- People v. PageAppellate Division of the Supreme Court of the State of New York · 1899
- Department of Transportation v. FlemingCourt of Appeals of North Carolina · 1993
- In re to Lay out Driveway in City of New YorkNew York Supreme Court · 1905
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