City of New York v. Sage
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts, which involve the validity of an award by commissioners for land taken for the Ashokan reservoir in New York, are stated in the opinion. The Circuit Court of Appeals erred in holding this case within Boom Co. v. Patterson, 98 U. S. 403. There is absolutely no evidence that the market value of the property taken had been increased by reason of availability and adaptability for reservoir purposes.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts, which involve the validity of an award by commissioners for land taken for the Ashokan reservoir in New York, are stated in the opinion. The Circuit Court of Appeals erred in holding this case within Boom Co. v. Patterson, 98 U. S. 403. There is absolutely no evidence that the market value of the property taken had been increased by reason of availability and adaptability for reservoir purposes. The state court having held that there can be no recovery for reservoir availability and adaptability of parcels taken by…
1Opinion of the CourtJustice Holmes
This is a proceeding for the taking of land for the Ashokan reservoir, similar to the one before us in McGovern v. New York, 229 U. S. 363. After Commissioners were appointed to ascertain the compensation to be paid the case was removed to the Circuit Court, diverse citizenship being alleged. There was a motion to remand which was overruled and subsequently the Commissioners reported that “the sum of $7,624.45 for land and buildings and the further, sum of $4,324.45 for reservoir availability and adaptability being a grand total of the sum of $11,948.90 is the sum ascertained and determined…
2Cases cited3 opinions
- The Minnesota Rate CasesSupreme Court of the United States · 1913
- McGovern v. City of New YorkSupreme Court of the United States · 1913
- City of New York v. SageCourt of Appeals for the Second Circuit · 1913
3Cited by132 opinions
- United States v. MillerSupreme Court of the United States · 1943
- Olson v. United StatesSupreme Court of the United States · 1934
- Ithaca Trust Co. v. United StatesSupreme Court of the United States · 1929
- United States Ex Rel. Tennessee Valley Authority v. PowelsonSupreme Court of the United States · 1943
- United States v. ReynoldsSupreme Court of the United States · 1970
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