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BATH & HAMMONDSPORT RR v. DEC

73 N.Y.2d 434 (1989)

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

Court of Appeals of the State of New York.

Decided May 2, 1989.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Nancy A. Spiegel, O. Peter Sherwood, Peter H. Schiff and Joseph Koczaja of counsel), for appellant.

Richard S. Mayberry and Robert H. Cole for Bath and Hammondsport Railroad Company, respondent; Brian C. Flynn for the Village of Hammondsport, respondent.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER and TITONE concur with Judge HANCOCK, JR.; Judge KAYE dissents and votes to affirm in a separate opinion in which Judge BELLACOSA concurs.

HANCOCK, JR., J.

Under ECL 3-0305 (1), the Commissioner of the Department of Environmental Conservation (DEC) is empowered to "acquire any real property which he deems necessary for any of the purposes or functions of the department, by purchase or as provided in the eminent domain procedure law" (emphasis added). With regard to acquisitions for purposes of fish and wildlife management, such as providing...

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