MATTER OF HARGETT v. TOWN OF TICONDEROGA


35 A.D.3d 1122 (2006)

826 N.Y.S.2d 819

In the Matter of GEORGIA HARGETT, Petitioner, v. TOWN OF TICONDEROGA et al., Respondents.

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

Decided December 28, 2006.


Mugglin, J.

The central issue presented is whether a town superintendent of highways, acting pursuant to the Highway Law and the Eminent Domain Procedure Law, may condemn private property to lay out a new highway from an existing town road to state-owned woodlands based on the superintendent of highways' finding that increased access to the state property for recreational users will enhance the growth of a tourist-based economy in the town. For the reasons herein...

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