Hallock v. State

Staley, Jr., J. (dissenting).

The main issues here are whether the Power Authority of the State of New York by its appropriation of respondents’ property in fee rather than appropriating an easement to remove sand and gravel therefrom, constituted an appropriation that was necessary for its pur*175poses and for a public use, and whether the court may review its determination.

The Authority is empowered by statute to acquire any property that it finds necessary or convenient to carry out its purposes and “ the authority may find and determine that such property is required for a public use”. (Public…