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New York Appeals Court Says City Acquired Dam When It Condemned Water Rights

Mealey's (June 17, 2015, 1:15 PM EDT) -- ALBANY, N.Y. — The City of New York acquired a dam when it condemned downstream water rights and is responsible for the dam’s maintenance, not two landowners who subsequently acquired the property, a New York state appeals court ruled Feb. 19 (In the Matter of Robert Berger, et al. v. New York State Department of Environmental Conservation, et al., No. 517632, N.Y. Sup., App. Div., 3rd Dept.; 2015 N.Y. App. Div. LEXIS 1517).

(Opinion available. Document #95-150312-008Z.)

The Honk Falls Dam located on Rondout Creek in...
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