Legal Opinion

In Re the Board of Supervisors of the County of Rockland

New York Court of Appeals

Decided May 28, 1935PublishedCited by 3 opinions

The taken by the county to acquire the property for highway purposes was in conformity with statutory requirements. (Cons. Laws, ch. 25, §§ 148-150; Matter of Public Service Comm., 217 N. Y. 61; People v. Adirondack By. Co., 160 N. Y. 225; Matter of City of Buffalo, 189 N. Y. 163; People ex rel. Herrick v. Smith, 21 N. Y. 595; Matter of Fowler, 53 N. Y. 60; People ex rel. Horten v. Prendergast, 248 N. Y. 215; Matter of City of Utica, 134 Mise.

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The taken by the county to acquire the property for highway purposes was in conformity with statutory requirements. (Cons. Laws, ch. 25, §§ 148-150; Matter of Public Service Comm., 217 N. Y. 61; People v. Adirondack By. Co., 160 N. Y. 225; Matter of City of Buffalo, 189 N. Y. 163; People ex rel. Herrick v. Smith, 21 N. Y. 595; Matter of Fowler, 53 N. Y. 60; People ex rel. Horten v. Prendergast, 248 N. Y. 215; Matter of City of Utica, 134 Mise. Rep. 60; Matter of Sherman, 76 Mise. Rep. 45; Matter of City of Rochester v. Holden, 224 N. Y. 386; Bamapo Mountains Water Power & Service Co. v.…

1Opinion of the CourtHubbs, J.

This is a condemnation proceeding brought by a Board of Supervisors to condemn land required for the reconstruction of a State highway. Acquisition of such land is provided for under sections 148 to 150, inclusive, of the Highway Law (Cons. Laws, ch. 25), which sections provide in substance that where a State highway proposed to be constructed or improved shall deviate from the line of a highway already existing, the Board of Supervisors of the county shall provide the requisite right-of-way (§ 148), that the Board may by resolution authorize a committee to purchase the land, the purchase…

2Cited by3 opinions

  1. Hicks Development Corp. v. Incorporated Village of LawrenceAppellate Division of the Supreme Court of the State of New York · 1953
  2. Lever Bros. v. J. Eavenson & Sons, Inc.New York Supreme Court · 1935
  3. County of Jefferson v. HarrisAppellate Division of the Supreme Court of the State of New York · 1940

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