In Re City of New York Relative to Acquiring Title to Lands Required for the Opening of Avenue " D "
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 11, 1910, which affirmed an order of Special Term confirming a report of commissioners of estimate and assessment.
1Dissent
The industry and ingenuity of some landowners and their legal advisers in making crafty preparation for the condemnation of land by public authority should meet with repression instead of encouragement. While just compensation must be paid even to such a landowner, when furtive preparation has been made in order to take advantage of the city or of the adjoining property owners, courts and commissioners should be astute to see that no more is awarded than the land is justly worth under all the circumstances. If the preparation made, as in this case, through the conveyance of all the land on…
2Cases cited8 opinions
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Reed v. . McCordNew York Court of Appeals · 1899
- In Re the Accounting of FitzsimonsNew York Court of Appeals · 1903
- People Ex Rel. Manhattan Railway Co. v. BarkerNew York Court of Appeals · 1897
- People Ex Rel. Loughran v. Board of Railroad CommissionersNew York Court of Appeals · 1899
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