In the Matter of the Appraisal of Damages of Peter Townsend, Appellant, for Lands

Summary

The New York Court of Appeals reversed the lower courts, holding that the 1855 statute authorizing the Morris Canal and Banking Company to take land and bar owners from suing for prior damages is unconstitutional, while affirming that a foreign corporation may be used as the instrumentality for eminent domain and that the taking for a reservoir constitutes a public use. Justice Miller dissented, arguing the statute was constitutional.