Legal Opinion

In re Central Hudson Gas & Electric Corp.

Appellate Division of the Supreme Court of the State of New York

Decided March 17, 1932PublishedCited by 10 opinions

1Opinion of the CourtHinman, J.

The rule is well settled in this State that a general grant of power to condemn property does not extend to property *533already acquired for or devoted to a public use. Such property can only be condemned by special legislative authority and clearly expressed or necessarily implied. (N. Y. C. & H. R. R. R. Co. v. City of Buffalo, 200 N. Y. 113, 117; Matter of City of New York [Newport Ave.), 218 id. 274, 276; Matter of City of New York [Saratoga Ave.), 226 id. 128, 135.) The power to condemn must be exercised in strict conformity with the terms of the statute conferring the right. (Matter of…

2Cases cited6 opinions

  1. Matter of Water Com'rs of AmsterdamNew York Court of Appeals · 1884
  2. In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1908
  3. N.Y.C. H.R.R.R. Co. v. . City of BuffaloNew York Court of Appeals · 1910
  4. Matter of City of Long Beach v. P.S. Comm.New York Court of Appeals · 1928
  5. County of Jefferson v. HorbigerAppellate Division of the Supreme Court of the State of New York · 1930

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Buffalo Sewer Authority v. Town of CheektowagaNew York Court of Appeals · 1967
  2. City of Dania v. Central & So. Florida Flood Con. Dist.District Court of Appeal of Florida · 1961
  3. City Of Syracuse v. Onondaga CountyCourt of Appeals for the Second Circuit · 2006
  4. City of Syracuse v. Onondaga CountyCourt of Appeals for the Second Circuit · 2006
  5. In re the Incorporated Village of Hewlett Bay ParkNew York Supreme Court · 1966

5 more not listed; retrieve them via the Exa API.

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