VILL. OF CANAJOHARIE v. STATE


8 A.D.2d 656 (1959)

Village of Canajoharie, Respondent, v. State of New York, Appellant. (Claim No. 32939.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 23, 1959


The amount of the award is not questioned. The State contends that the village held the appropriated land in a governmental capacity for the benefit of the public, and hence is not entitled to compensation for it. The parties are in accord upon all but one question. They agree that a municipal corporation may own real estate in two capacities: (1) "governmental", and (2) "proprietary". They also agree that the State may take the property without compensation if it is held...

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