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· 4/26/1897

Long Island Water Supply Co. v. Brooklyn

Citations

  • 166 U.S. 685
  • 17 S. Ct. 718
  • 41 L. Ed. 1165
  • 1897 U.S. LEXIS 2060

Syllabus

<p>In cases brought here from state courts their decisions are final in matters of procedure, and on alleged conflicts between the statutes of the State and its constitution.</p> <p>An existing system of water supply in a municipality which is the property of private individuals and is operated under a contract with the municipal corporation for furnishing it with a portion of its needed supply of water under rates fixed by the contract, is private property which may be acquired by the public, in the exercise of the power of eminent domain, on the payment of a just compensation, including compensation for the termination of the contract.</p> <p>In condemnation proceedings for that purpose, the assessment of damages may be made by commissioners where the statutes so provide, and there is no denial of due process of law in making their findings final as to the facts, leaving open to the courts the inquiry whether there was any erroneous basis adopted by the commissioners in their appraisal, or other errors in their proceedings.</p> <p>There was nothing in the statute under which the Long Island Water Supply Company was organized, nor in its contract with the town of New Lots for the supply of water, nor in the act of annexation to Brooklyn, which gave to that company rights .exclusive and beyond the reach of such legislative action.</p>

Judges: Brewee, Peckham

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