Long Island Rail Road Co. v. Long Island Lighting Co.
Cases that cite this one
19 later published cases cite this decision.
- Jackson v. New York State Urban Development Corp. (N.Y. 1986)
- Matter of HBC Victor LLC v. Town of Victor (Appellate Division of the Supreme Court of New York 2024)
- The Matter of Bowers Development v. Oneida County Industrial Development Agency (N.Y. 2023)
- 49 WB, LLC v. Village of Haverstraw (Appellate Division of the Supreme Court of New York 2007)
- Anderson v. New York State Urban Development Corp. (Appellate Division of the Supreme Court of New York 2007)
- Keegan v. City of Hudson (Appellate Division of the Supreme Court of New York 2005)
- Gray v. Town of Oppenheim (Appellate Division of the Supreme Court of New York 2001)
- Sunrise Properties, Inc. v. Jamestown Urban Renewal Agency (Appellate Division of the Supreme Court of New York 1994)
- Town of Riga v. County of Monroe (Appellate Division of the Supreme Court of New York 1991)
- Wechsler v. New York State Department of Environmental Conservation (Appellate Division of the Supreme Court of New York 1990)
- In re New York City Transit Authority (Appellate Division of the Supreme Court of New York 1990)
- Waldo's, Inc. v. Village of Johnson City (N.Y. 1989)
- Vaccaro v. Jorling (Appellate Division of the Supreme Court of New York 1989)
- Greenwich Associates v. Metropolitan Transportation Authority (Appellate Division of the Supreme Court of New York 1989)
- People v. Miller (N.Y. 1987)
- In re the Village of Middleburgh (Appellate Division of the Supreme Court of New York 1986)
- Clark-Fitzpatrick, Inc. v. Long Island Rail Road (Appellate Division of the Supreme Court of New York 1986)
- 1521 Square Inc. v. Consolidated Edison Co. (Appellate Division of the Supreme Court of New York 1986)
- Neptune Associates, Inc. v. Consolidated Edison Co. (Appellate Division of the Supreme Court of New York 1986)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs, and the question certified not answered as unnecessary.
This is a proceeding under EDPL 207 to review the determination of respondent, Long Island Lighting Company (LILCO), to acquire certain limited easements in real property and rights of way owned by appellant, Long Island Rail Road Company (LIRR). The Appellate Division held that LILCO had the statutory power to condemn LIRR’s property even though devoted to a prior public use because the presence of LILCO’s facilities on the rights of way will not cause substantial interference with LIRR’s operation. In this court, LIRR centers its argument on the alleged material interference with its operations, an argument we reject for the reasons stated by Justice James F. Niehoff at the Appellate Division (103 AD2d 156, 167-168).
Appellant’s remaining contentions, three of which we address specifically, are similarly without merit. First, the easements do not effect a taking of LIRR’s skill and labor, because LIRR has no obligation to furnish them. Rather, LIRR has the right to approve modifications of circuits, to review and approve plans prior to the relocation, maintenance or repair of facilities, and to provide flagmen in connection with these activities — at LILCO’s expense — if it chooses. Second, since the services of LIRR’s personnel are not being “taken”, it follows that the fact that LIRR may in the future be reimbursed for the cost of such services does not violate the requirement that the condemnee receive just compensation at the time of the taking. Third, while appellant argues that the various covenants contained in the proposed easements are mere “promissory stipulations”, the scope of the condemned easements is determined not by extrinsic promises but by the covenants contained in the recorded document itself, which limit and define LILCO’s interest.
Order affirmed, etc.
Designated pursuant to NY Constitution, article VI, § 2.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.