Matter of City of New York (Saratoga Ave.)
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 14, 1917, which reversed an order of Special Term excluding real property of the Nassau Electric Railroad Company from the lands sought to be condemned in this proceeding.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 14, 1917, which reversed an order of Special Term excluding real property of the Nassau Electric Railroad Company from the lands sought to be condemned in this proceeding. The order granting leave to appeal to this court certified that the following question of law had arisen which in its opinion ought to be reviewed by the Court of Appeals, viz.: “ Has the city of New York by this proceeding the right against the objection of the Nassau Electric Railroad…
1Opinion of the CourtChase, J.
In considering the question submitted to this court it is necessary first to determine whether the appellant is now holding the lands in controversy for a public use. It acquired title thereto by purchase years before this proceeding was commenced.
When a public corporation having public obligations with power to acquire property by eminent domain acquires the same by purchase for the purpose of carrying out such obligations, it can hold it for such public use with the same right of priority therein that it would have had if it had acquired it pursuant to the provisions of the Code of Civil…
2Cases cited11 opinions
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- Bertholf v. . O'ReillyNew York Court of Appeals · 1878
- In Matter of N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1879
- In Re N.Y. and H.R.R. Co. v. . KipNew York Court of Appeals · 1871
- Ingersoll v. . Nassau Electric R.R. Co.New York Court of Appeals · 1899
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Matter of City of New York (Juniper Ave.)New York Court of Appeals · 1922
- Vermont Hydro-Electric Corp. v. DunnSupreme Court of Vermont · 1921
- East Bay Municipal Utility District v. City of LodiCalifornia Court of Appeal · 1932
- N.Y.C. H.R.R.R. Co. v. . City of YonkersNew York Court of Appeals · 1924
- Nichols Copper Co. v. ConnollyAppellate Division of the Supreme Court of the State of New York · 1924
12 more not listed; retrieve them via the Exa API.