In Matter of City of Buffalo
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming orders of the Special Term of the Superior Court of Buffalo, which set aside an order appointing commissioners to ascertain and report the compensation to be paid to the owners of land to be taken for a street improvement in the city of Buffalo, and also an order confirming the report of said commissioners.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming orders of the Special Term of the Superior Court of Buffalo, which set aside an order appointing commissioners to ascertain and report the compensation to be paid to the owners of land to be taken for a street improvement in the city of Buffalo, and also an order confirming the report of said commissioners. (Reported below, 16 Hun, 49.) The motion to set aside said orders was made on behalf of the city ; certain of the owners of lands proposed to be taken appealed. The case was removed to…
1Opinion of the CourtFolger, J.
The city of Buffalo has the chartered power to take lands for streets. (Laws of 1870, chap. 519, p. 1199.) It is given in general terms, broad enough. But it can be exercised only under conditions precedent, which hedge it about. First: The common council must have by resolution declared the intent to take for a street the lands described in the resolution ; and the resolution must have been published by the city clerk in the official paper for two weeks. (Id.) Second : Within three months after the expiration of that publication, the common council must have declared by resolution that the…
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