26 N.Y.S. 198 | N.Y. Sup. Ct. | 1893
The legislature, by chapter 737, Laws 1873, and amendments thereto, authorized, by a general act, the formation of water companies in towns and villages within the state. Under these laws the Long Island Water Company was organized in 1881 to furnish water to the town of New Lots, which was then adjacent to the city of Brooklyn, but was not a part of it. By chapter 335, Laws 1886, the legislature annexed the town to the city of Brooklyn, and in the annexation act provided that the city of Brooklyn should not distribute or furnish water for consumption or use within the territory of the annexed town, or lay any pipes or mains for the distribution or supply of water therein, until the expiration of the charter of the water company, or until the city should purchase the property rights of the water company. The charter was taken for the term of 50 years from the 17th of August, 1881. By chapter 481, Laws 1892, the city of Brooklyn was permitted by law to acquire a title by condemnation to all the property of the Long Island Water-Supply Company, consisting of the reservoir, machinery, water pipes, and franchises for the public use; The act provided that a commissioner should be appointed to ascertain the just compensation to be made therefor. The commissioners were appointed in the manner provided for by the act, who have heard the testimony of the parties, and have made their report This report was set aside by the special term, and this appeal presents the question whether or not the award gives just compensation for the property taken for the public use.