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HALLOCK v. STATE OF NEW YORK

32 N.Y.2d 599 (1973)

Carlton G. Hallock et al., Respondents, v. State of New York et al., Appellants, and Perini Corporation et Ano., Defendants.

Court of Appeals of the State of New York.

Decided July 3, 1973.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Douglas S. Dales, Jr. and Ruth Kessler Toch of counsel), for the State of New York, appellant.

John R. Davison, Scott B. Lilly and Peter A. Giuntini for Power Authority of State of New York, appellant.

Anthony M. Quartararo for respondents.

Chief Judge FULD and Judges BURKE, JASEN and WACHTLER concur with Judge JONES; Judge GABRIELLI dissents and votes to reverse in a separate opinion in which Judge BREITEL concurs.

JONES, J.

Sand and gravel are required as filler for the construction by the State Power Authority of a dam for a power project. This case raises the question whether in this instance the taking by eminent domain of a full fee interest in the property from which the sand and gravel are to be extracted can be justified where it is said that an easement would serve the public purpose as fully. In our judgment this...

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