[DOWNLOAD] "New York Telephone Co. v. United States." by United States Court of Appeals for the Second Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: New York Telephone Co. v. United States.
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 01, 1943
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This appeal brings up for review an order entered in a condemnation proceeding brought by the United States to acquire land for the development of aviation facilities at Floyd Bennett Field in the Borough of Brooklyn. The proceeding was instituted on January 2, 1942, by the filing of a declaration of taking, the deposit in the registry of the court of the money stated therein as the estimated just compensation to be made, and the filing of a notice and petition in condemnation to acquire the fee simple title "subject to existing public utility easements." On the same day a judgment on the declaration of taking was entered directing delivery of immediate possession of the described land to the United States. Subsequently there was filed an amended petition in condemnation, which set forth with greater particularity the description of the property to be condemned and the names and addresses of the reputed owners and other persons entitled to compensation. A judgment of condemnation was entered on December 7, 1942. New York Telephone Company is a public utility and had public utility easements in the lands condemned. Neither the declaration of taking nor the original or amended petition in condemnation named it as a party to the proceeding. However, it filed a notice of appearance on May 6th and a claim for compensation on October 20th. Thereupon the United States moved to strike its notice of appearance and claim as insufficient in law. The motion was granted by an order entered on December 24, 1942. This is the order from which the Telephone Company has appealed.
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