Kahlen v. . State of New York
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 10, 1918, unanimously affirming a judgment of the Court of Claims, dismissing the plaintiffs’ claim upon the merits. The facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 10, 1918, unanimously affirming a judgment of the Court of Claims, dismissing the plaintiffs’ claim upon the merits. The facts, so far as material, are stated in the opinion. Upon the approval by the canal board of the state engineer’s certificate of necessity, together with the filing and service of the appropriation map and notice of appropriation, the taking of the lands and rights described therein becomes complete. A compulsory sale has been effected by…
1Opinion of the CourtPound, J.
This claim arose upon the appropriation by the state of New York for the purpose of acquiring a portion of the site for the construction of a port of call, as directed by the Barge Canal Terminal Act (Chapter 746 of the Laws of 1911), of certain lands and the riparian rights appurtenant thereto located in the twelfth ward in the city of New York, fronting upon and adjacent to the Hudson river, at the northerly end of the island of Manhattan.
All the acts required for the appropriation of the lands were completed. The claimants’ title is not disputed. After the appropriation the claimants filed…
2Cases cited13 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Sweet v. RechelSupreme Court of the United States · 1895
- Crozier v. Fried. Krupp AktiengesellschaftSupreme Court of the United States · 1912
- Jackson v. . State of New YorkNew York Court of Appeals · 1914
- People v. . Adirondack Railway Co.New York Court of Appeals · 1899
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3Cited by51 opinions
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- Kieselbach v. CommissionerSupreme Court of the United States · 1943
- United States v. Sunset Cemetery Co.Court of Appeals for the Seventh Circuit · 1943
- Wolfe v. State of New YorkNew York Court of Appeals · 1968
- Matter of City of SyracuseNew York Court of Appeals · 1918
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