ASHLAND OIL & REF. v. STATE


26 N.Y.2d 390 (1970)

Ashland Oil & Refining Company, Appellant, v. State of New York, Respondent. (Claim No. 42843.)

Court of Appeals of the State of New York.

Decided April 23, 1970.


Attorney(s) appearing for the Case

Horace C. Winch and Roy P. Ohlin for appellant.

Louis J. Lefkowitz, Attorney-General (Henderson G. Riggs and Ruth Kessler Toch of counsel), for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, JASEN and GIBSON concur.


BREITEL, J.

This appeal involves the right of an oil company to recover the costs of relocation of its pipeline laid in the bed of privately-owned land subject to a town right of way, the roadbed having been appropriated by the State in eminent domain for a State highway. It is concluded that the courts below correctly determined that the claimant was not entitled to recover such costs, as distinguished from...

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