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Courtesy Sandwich Shop v. Port New York Authority Et Al.

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eBook details

  • Title: Courtesy Sandwich Shop v. Port New York Authority Et Al.
  • Author : Court of Appeals of New York
  • Release Date : January 04, 1963
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 77 KB

Description

Chapter 209 of the Laws of New York, 1962, together with concurrent New Jersey legislation (Laws of N. J., 1962, ch. 8), authorizes the Port of New York Authority, through the appellant subsidiary, to effectuate a single port development project to consist of the present Hudson & Manhattan Railroad system and a new development to be known as the ""World Trade Center"", all on a site in lower Manhattan, part of which is now occupied by the existing Hudson & Manhattan Terminal. Appellant is authorized to condemn property to achieve this purpose and, under this power, instituted the condemnation proceeding here challenged by respondents, who have an interest in the subject property. Respondents argue that chapter 209 violates section 7 of article I of the New York Constitution and the United States Constitution (Matter of Hopper v. Britt, 203 N. Y. 144, 149; Missouri Pacific Ry. v. Nebraska, 164 U.S. 403) in that it authorizes the taking of private property by eminent domain for other than a public use.


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