In re Central Hudson Gas & Electric Corp.
Appellate Division of the Supreme Court of the State of New York
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
- Matter of Water Com'rs of AmsterdamNew York Court of Appeals · 1884
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1908
- N.Y.C. H.R.R.R. Co. v. . City of BuffaloNew York Court of Appeals · 1910
- Matter of City of Long Beach v. P.S. Comm.New York Court of Appeals · 1928
- 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
- Buffalo Sewer Authority v. Town of CheektowagaNew York Court of Appeals · 1967
- City of Dania v. Central & So. Florida Flood Con. Dist.District Court of Appeal of Florida · 1961
- City Of Syracuse v. Onondaga CountyCourt of Appeals for the Second Circuit · 2006
- City of Syracuse v. Onondaga CountyCourt of Appeals for the Second Circuit · 2006
- In re the Incorporated Village of Hewlett Bay ParkNew York Supreme Court · 1966
5 more not listed; retrieve them via the Exa API.