(DOWNLOAD) "United States v. Brooklyn Union Gas Co." by Second Circuit Circuit Court Of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Brooklyn Union Gas Co.
- Author : Second Circuit Circuit Court Of Appeals
- Release Date : January 19, 1948
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
In the case of United States v. City of New York, 2 Cir., 168 F.2d 387, just decided, we have held that an award in condemnation proceedings for the taking of streets or other public facilities of a municipality should not be more than the cost of replacing them or supplying otherwise adequate facilities. Here we have the problem as applied to the facilities of public utilities companies, one supplying gas, the other electricity, to the premises taken by the United States on its expansion of the Brooklyn Navy Yard in 1941. The questions concern the same two tracts in which the City of New York has been interested, one, the Kent Avenue Addition, of 25.4 acres, more or less, involved in the case just cited, and the other, the Wallabout Market, of 53 1/4 acres, more or less, involved in the case of United States v. City of New York, 2 Cir., 165 F.2d 526. The issues as affecting these two companies were segregated from those affecting other defendants and then the two proceedings were consolidated by order on stipulation for trial to the court without submission to commissioners. The United States asked for the application of the same rule here with a denial of any award save perhaps a purely nominal one on the ground that no substitute facilities were required. But the effect of the district courts two opinions herein, D.C., E.D.N.Y., 65 F.Supp. 333 and 71 F.Supp. 248 (the latter after the taking of further testimony), was not only to reject the governments contention, but to grant awards at bottom measured by the worth of the physical facilities - or their economical equivalent - rendered useless by the taking.