City of Syracuse v. Stacey

• Decision Date: 20 December 1901
• Citation: 169 N.Y. 231,62 N.E. 354
• Parties: CITY OF SYRACUSE v. STACEY et al.
• Court: New York Court of Appeals Court of Appeals

169 N.Y. 231

62 N.E. 354

CITY OF SYRACUSE

v.STACEY et al.

Court of Appeals of New York.

Dec. 20, 1901.

Appeal from supreme court, appellate division, Fourth department.

Preceeding by the city of Syracuse for the condemantion and acquisition of water rights. From an order of the applate division (61 N. Y. Supp. 165) affirming a special term order confirming the report of the commissioners of appralsal, Richard M. Stacey and others appeal. Affirmed.

WATERS AND WATER COURSES-LAKE-TITLE TO WATER-DIVERSION-RIGHT-CONDEMNATION-AWARD-DAMAGES.

1. Though riparian proprietors on the outlet of a lake, having built mills and factories thereon, believing tha a dam was to remain and be maintained at a specified height, have an interters in and may be entitled to have all the waters tributary to the lake stored therein and discharged, so as to form a uniform water supply for mill purposes during all seasons of the year, they have no title to the waters of the lake, or a right to divert it.

WATERS AND WATER COURSES-LAKE-TITLE TO WATER-DIVERSION-RIGHT-CONDEMNATION-AWARD-DAMAGES.

2. An award made to riparian owners on the outlet of a lake, near the city of Syracuse, which was authorized to acquire water rights in the lake by condemnation proceedings, under Laws 1889, c. 291, as amended by Laws 1890, c. 314, was properly made on the basis of the difference in value of the affected properties with and without the rights condemaned, excluding he value of the right to the water of the lake, or the right to sell or divert it.

David B. Hill, Charles A. Hawley, and George Barrow, for appellants Richard M. Stacey and ohers.

David B. Hill and Edwin nottingham, for appellants Skaneateles Paper Co. and others.

Thomas Hogan, E. N. Wilson, and Melven Z. Haven, for respondent.

Haight, j./

These proceedings were instituted by the city of Syracuse for the purpose of condemning and acquiring the rigts of the defendants in the waters of Skancateles lake and outlet. The history of the proceedings is fully set forth in the opinion of the appellate division (45 App. Div. 249,61 N. Y. Supp. 165), and need not be here repeated. At the time these proceedings were instituted, Syracuse was a city of about 100,000 inhabitants, situated about 17 Miles northeasterly of Skanateles lake. This lake is a body of fresh water about 15 miles in lengty, having a general width of about 1 mile and a surface area of about 13 1/4 square miles. The tributary watershed covers about 60 square miles, exclusive of the lake, the leved of which is much higher than the city of Syracuse. The outlet of the lake flows in a notherly direction, and discharges into the Seneca river. These proceedings were instituted pursuant to the provisions of chapter 291 of the Laws of 1889, as amended by chapter 314 of the Laws of 1890. The judgment entered herein on the 28th day of September, 1895, under which the commissioners were appointed, particularly specifies the duties of the commissioners, as follows: To ‘condemn and acquire from the defendants, and every of them, the following rights and property, to wit: (1) The right and authority to increase the storage capacity of Skaneateles lake sufficiently to store therin all the ordinary flow of its watershed, in accordance with the provisions of section 18 of chapter 291 of the Laws of 1889, as amended by chapter 314 of the Laws of 1890, with the right to store such flow within the lake, and withhold the same from the outlet therof, and all the rights of the defendants and every of them to the discharge of the waters of Skaneateles lake into the outlet thereof, and to the flow of such waters through such outlet along, over, and contiguous to the respective parcels of land referred to at paragraph 4 of the amended petition, and described in the schedules thereof. (2) All water-power rights of the defendants, and every of them, upon the outlet of Skaneateles lake, arising out of their respective ownership of, lien upon, or other interest in, the several parcels of land referred to at paragraph 4 of the amended petition, and described in the schedules thereof. (3) The right to divert and withdraw from said lake, and the waters to be stored therein, such and so much water as from time to time the uses of said city and its inhabitants may require, and as may be lawfully taken therefor.’ The commissioners, in their report, ascertained and determined and determined the compensation which ought justly to be made by the plaintiff to the owners of the property and rights appraised, giving the amount awarded to each party. It is contended, on behalf of the appellants, that an improper basis was adopted by the commissioners in determining the amount that should be awarded to them; that the award made was upon the basis of the difference in value of the affected properties with and without the rights condemned, as specified in the judgment; that this basis did not give them full compensation for all of the rights and property taken by the proceedings; that the defendants, together with the other riparian proprietors on the outlet of the lake, collectively, or as tenants in common, were the owners in perpetuity of a complete reservoir capable of storing therein all the yield of the watershed of the lake,...