Matter of Poughkeepsie Bridge Company
New York Court of Appeals
Appeal from order of the General Term of the Supreme-Court in the second judicial department, made January 3,1888, which affirmed an order of Special Term appointing commissioners to appraise the compensation to be made for lands-sought-to be taken by the petitioner.
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Appeal from order of the General Term of the Supreme-Court in the second judicial department, made January 3,1888, which affirmed an order of Special Term appointing commissioners to appraise the compensation to be made for lands-sought-to be taken by the petitioner. The Poughkeepsie Bridge Company was incorporated by the act chapter 897 of the Laws of 1871, passed May 10,1871. By the first section of the act the persons therein named were created a body corporate by the name and style of “The Poughkeepsie Bridge Company,” for the purpose of constructing and maintaining a permanent bridge,…
1Opinion of the CourtAndrews, J.
The power of eminent domain which resides-in the state as an attribute of sovereignty, is nevertheless, dormant until called into exercise by an act of the legislature. Until a statute authorizes an exercise of the power, it is latent and potential merely, and not active or efficient, and the state can neither exercise the prerogative, nor can it delegate its exercise, except through the medium of legislation. Therefore it is that wherever an attempt is made either by the officers of the state or by a corporation organized for a public . purpose to take private property under the power of…
2Cases cited2 opinions
- Mason v. Brooklyn City & Newtown Rail RoadNew York Supreme Court · 1861
- Hudson & Delaware Canal Co. v. New-York & Erie Rail RoadNew York Court of Chancery · 1841
3Cited by22 opinions
- Matter of Culver Contrg. Corp. v. HumphreyNew York Court of Appeals · 1935
- State v. McCookSupreme Court of Connecticut · 1929
- Bennett v. City of MarionSupreme Court of Iowa · 1898
- State v. HawkOregon Supreme Court · 1922
- In re the City of New YorkNew York Court of Appeals · 1954
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