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Matter of Village of Poland

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 1996
224 A.D.2d 933 (N.Y. App. Div. 1996)

Opinion

February 2, 1996

Appeal from the Supreme Court, Herkimer County, Parker, J.

Present — Green, J.P., Lawton, Fallon, Callahan and Doerr, JJ.


Judgment unanimously affirmed without costs. Memorandum: Supreme Court did not err in granting the petition of the Village of Poland (Village) seeking to take by eminent domain a parcel of land owned by respondents. The Village asserted that the land was necessary for its water supply. Respondents argued that the Village lacked the power to condemn the parcel because most of that parcel lies outside the Village boundaries.

The power of eminent domain, inherent in the State (First Broadcasting Corp. v. City of Syracuse, 78 A.D.2d 490), is delegated to municipalities by the New York Constitution, and permits condemnation of land within the boundaries of the municipality; the power to authorize extra-territorial condemnation is reserved to the Legislature (NY Const, art IX, § 1 [e]). The Town Law contains such an express authorization by the Legislature, but the Village Law does not (compare, Town Law § 64, with Village Law § 1-102).

Nevertheless, a different part of the Village Law, applicable to water works, authorizes this proceeding. Section 11-1106 Village of the Village Law authorizes the acquisition by condemnation of "any land" necessary to the establishment of a water works. It is undisputed that the subject parcel is required for the Village's water supply. Thus, the condemnation was a valid exercise of the Village's power of eminent domain.


Summaries of

Matter of Village of Poland

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 1996
224 A.D.2d 933 (N.Y. App. Div. 1996)
Case details for

Matter of Village of Poland

Case Details

Full title:In the Matter of VILLAGE OF POLAND, Respondent, Relative to Acquiring…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 2, 1996

Citations

224 A.D.2d 933 (N.Y. App. Div. 1996)
637 N.Y.S.2d 575