Benedict v. City of New York

• Decision Date: 07 December 1899
• Docket Number: 47.
• Citation: 98 F. 789
• Parties: BENEDICT v. CITY OF NEW YORK et al.
• Court: U.S. Court of Appeals — Second Circuit

98 F. 789

BENEDICT v. CITY OF NEW YORK et al.

No. 47.

United States Court of Appeals, Second Circuit.

December 7, 1899

R. L Sweezy, for appellant.

H. T Dykman, for appellees.

Before WALLACE and SHIPMAN, Circuit Judges.

WALLACE Circuit Judge.

The city of New York, under chapter 490 of the Laws of New York of 1888,--being the act to authorize the construction of a new aqueduct for the purposes of a water supply for the city,-- instituted proceedings in the supreme court of the state for the appointment of commissioners of appraisal to acquire for public use certain lands in the county of Westchester. The appellant, owner of some of the lands sought to be acquired, and a citizen of New Jersey, removed the proceedings, so far as they related to his lands, to the circuit court of the United States for the Southern district of New York. Commissioners of appraisal were appointed by the court, and, after viewing the premises, and hearing the evidence produced before them, they duly made and filed their report, and it was thereafter confirmed by an order of the court. From the order of confirmation this appeal has been brought.

In proceedings to acquire property for public use, the court, on an application to confirm the award of the commissioners of appraisal, will not ordinarily weigh conflicting evidence in considering whether it is adequate or excessive; but, if the commissioners have proceeded upon a wrong principle, the court will refuse to confirm.

It is insisted for the appellant that the commissioners did proceed upon a wrong principle, and that the court therefore erred in confirming the award. The contention is that the commissioners did not allow him the value of his lands at the time they were taken, and confined their inquiries to ascertaining the value at a later date when the property had considerably depreciated in value.

The fundamental doctrine that private property cannot be taken for public uses without just compensation does not require that the compensation be made in all cases concurrently in point of time with the actual exercise of the right of eminent domain; and it is competent for the legislature, in the absence of any constitutional interdiction, to prescribe whether the compensation be made at the time of taking actual possession of the property for the construction of the work. But, at whatever time the compensation is to be made or paid just compensation entitled the owner to the full market or pecuniary value of his property at the time of the taking; and the authorities are so generally in accord upon this proposition that it may be accepted as the settled rule. There is much diversity, however, in the adjudications in applying this rule, owing to the diversity in the statutes authorizing condemnation. See 10 Am.& Eng.Enc. Law (2d Ed.) 1147, where the citations are collected. By some of the statutes the owner is devested of his title or possession, actually or potentially, at the time of the enactment; while by others this does not occur until the proceeding has arrived at some advanced stage of progress, or been finally consummated, or until his damages have been paid. In every case, therefore, the application of the rule depends upon the provisions of the particular statute in terminating the dominion of the owner and segregating the property for the public use.

The present act provides for the appointment of commissioners to be known as aqueduct commissioners,' who are to adopt plans and maps, and have the general supervision of the entire work contemplated. It authorizes them from time to time to change or modify such plans and maps. The real estate to be acquired is to be denoted on the maps, and the maps are to be filed in the office of the clerk or register of each county in which any real estate is located. The maps are to be made and filed in sections. Proceedings to acquire the lands of one or more sections may be taken before the maps of all sections are filed, and the work upon one or more sections may be begun before the maps of the remaining sections are filed. After the maps are filed and transmitted by the commissioners with a certificate of their approval by the counsel of the corporation, it is his duty to apply to the supreme court for the appointment of commissioners of appraisal, and these commissioners, when appointed by the court, are to make and file in the office of the clerk or register of each county in which any of the real estate sought to be acquired is situated an oath of office, and then proceed to the appraisement of the property. The act declares (section 10) that upon the filing of the oath of said commissioners the city of New York shall be and become seised in fee of, and may immediately enter into possession of, and occupy in perpetuity, all the lands shown on any map filed by the aqueduct...