New York Central & Hudson River Railroad v. People

Headnote

N. Y. C. & H. R. R. R. Co. v. People, 169 App. Div. 911 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department,

entered May 'll, 1915, which affirmed an order of Special Term dismissing a petition for the condemnation of land under water. This proceeding was instituted in January, 1913, for the purpose of condemning four parcels of land under the waters of Lake Erie, situated in the city of Buffalo, belonging to the People of the state of New York. The defendants moved to dismiss the petition upon .certain preliminary grounds appearing upon the face thereof. Subsequently a supplemental motion to dismiss was made by the defendants on the ground that chapter 66 of the Laws of 1913, which had been enacted by the legislature subsequent to the institution of this proceeding, destroyed the plaintiff’s right to condemn the land described in the petition. The plaintiff served a supplemental petition attacking the constitutionality of this statute and alleging its riparian rights. Thereafter, the petition was dismissed on the sole ground that by chapter 66 of the Laws of 1913 the plaintiff’s right to condemn the land was destroyed.