195 N.Y. 502 | NY | 1909
In 1896 the water commissioners of the village of White Plains instituted proceedings to condemn the plant and property of the Westchester County Water Works Company and others. These proceedings eventuated on July 11th, 1898, in an award to the landowners of $103,298, which was confirmed by an order of the Special Term. Upon such confirmation the plaintiff tendered to the owners the amount of the award, and such tender being refused the money was, in accordance with the order of confirmation, deposited with the county treasurer to the credit of the property owners and thereupon the plaintiff entered into possession of the property. From this order appeals were taken to the Appellate Division and then to this court, which set aside the report and directed a new appraisal before other commissioners. (
We think the order of the Appellate Division was correct and should affirm it on the opinion rendered in that court were it not for an expression contained therein which may be the subject of misconception. We are not prepared to say that when private property is taken for public purposes under a scheme for its acquisition by which a substantial period may *505
or must elapse between the time of the taking and that of payment therefor, the constitutional requirement that just compensation shall be made would be satisfied by awarding the property owner merely the value of the property at the time of the taking, without interest to the time of payment or, at least, of the ascertainment of the amount to be paid. Of course we do not refer to such short delays as are necessarily incident to legal proceedings. (Matter of N.Y.C. H.R.R.R. Co.,
We think it unnecessary to add to the very full and adequate discussion of this question in the opinion of the Appellate Division which, in the respect indicated, we entirely approve.
The order should be affirmed, with costs.
CULLEN, Ch. J., GRAY, EDWARD T. BARTLETT, HAIGHT, VANN, WERNER and HISCOCK, JJ., concur.
Order affirmed. *507