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MATTER OF BATH & HAMMONDSPORT R.R. CO. v. NEW YORK STATE DEP'T OF ENVTL. CONSERVATION

142 A.D.2d 956 (1988)

In the Matter of Bath and Hammondsport Railroad Company, Petitioner, v. New York State Department of Environmental Conservation, Respondent

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

July 7, 1988

Petition unanimously granted with costs and determination annulled.

Memorandum:

The New York State Department of Environmental Conservation (DEC) seeks to acquire by eminent domain a 3.2-acre parcel of land owned by the petitioner Bath and Hammondsport Railroad Company and situated on the shores of Keuka Lake in the Village of Hammondsport. The State proposed a public boat launch for fishing access and approved the condemnation by a determination of the Commissioner...

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