Northwest Quadrant Pure Waters District No. 1 v. Payne Beach Ass'n
Opinion of the Court
Order unanimously affirmed, without costs. Memorandum: The trial court correctly concluded that plaintiff had been unable to agree with the defendant owner on a price to be paid for the interest plaintiff sought to acquire in defendant’s property (Condemnation Law, § 4, subd. 5) and that there was no evidence of bad faith in connection with his offer. We should note in affirming, however, that section 4 of the Condemnation Law is construed most strictly against the condemnor (Iroquois Gas Corp. v. Jurek, 30 A D 2d 83) because a condemnation proceeding is recognized as the equivalent of a forced sale (Chester Litho, Inc. v. Palisades Interstate Park Comm., 27 N Y 2d 323, 325). In a condemnation proceeding there must be no uncertainty in either the description of the property to be taken nor in the degree of interest to be acquired. Before plaintiff is allowed to proceed with its condemnation such interest must be definitely ascertained (City of Plattsburgh v. Kellogg, 254 App. Div. 455, 457) since the defendant owner is entitled to know with reasonable certainty what interest in his property is being taken (Matter of Long Is. Lighting Co., 272 App. Div. 915). There is no dispute that plaintiff’s petition contains an accurate metes and bounds description for a rectangular piece of defendant’s lot over which plaintiff desires an easement to construct a tunnel 100 feet underground
Case-law data current through December 31, 2025. Source: CourtListener bulk data.