New York Court of Appeals
Leona Heyert, Respondent v. Orange and Rockland Utilities, Inc., Appellant
June 2, 196617 N.Y.2d 352
Summary
The Court of Appeals affirmed the lower court's summary judgment, holding that a public highway easement in New York conveys only the right to pass over the surface of the land and does not include the right to lay subsurface gas mains. Accordingly, the plaintiff is not entitled to damages for an alleged taking, and the utility's franchise is invalid. The decision rests on a line of precedent limiting highway easements to surface use. Chief Judge Desmond dissented, and Judge Keating filed a concurring opinion.