The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-05-18
LOCAL AFFAIRS.
The Widening OF Wall Street.
SUPKKMR CoURT-SPECIAL TERM.
noci.ion NV Hon Iudce Rn0aeYelf

Man ls-In ne matter Of uide,ins WaH streef.-Judge
Eco~t delivered very elaborate and important de-
,ision in this this morning He said had the
another form been presented to the Court at earlier
stage its history the great embarrassment which
sttends IT, might. think have been obviated As
the Common Council by the passage Of resolution
to that eject had declared that their opln
ION, lit necessary desirable for the public conve-
nience TO enlarge straghten otherwise improve the
street in question: and in the language of the had
ordered and directed the to be donen They ac-
quesced legal right inchoate il is true and
but still none the less legal to take any lands tene-
ments heredtaments premises whatsoever for that
purpose II was portion Of the great right of eminent
domain belonging to every supreme legislative body and
delegated by the law of the this instance to the
corporation OF the city This right take and appro
PIRATE to the public accompanied by the duty the
part OF the corporation 10 make to the parties injured
"a just compensation and recompensc But of the du
~ or burden thus imposed upon the right might at the
mere will and pleasure individuals be aggravated by
costly improvements, to indefinite extent it is obvi-
ous the right itself would be wholly nugatory The fol.
lowing abstract Of the several points Of the learned
judge': decision
First That the corporation having by law reserved to
themselves the power Of disseminating the proceedings
according to their pleasure until the commissioners
report shall If be finally confirmed the Of
the property to be affected the contemplated improve
ment must have the reciprocal right in the interval of
uncertainty OF using their property bona tide in the
tomary and ordinary way by building thereon other
wise until the corporation shall have determined their
option, have had it determined for them by the final
Judgment Of the Court
Second, That to take from the such right with
out any equivalent and without any security against
their certain loss in the Of dscontnuance of the
proceedings which they have control would be-
TO that extent. precisely the thing in effect
taking private property for public not only without
just compensation in the language of the constitution
but without any compensation whatever
Third, The bank therefore, having in the exercise Of
lawful right, put up their building their ground
which they had bona de purchased for that express pur
pose are entitled by the constitution to full indemnity
for any loss they may sustain in its partial total demo-
Gtion.
Fourth That the corporation by the resolution direct
ing the improvement. acquired only nchoate imper
feet and qualified right and absolute vested inter-
est but that right upon tender Of adequate security
10 the owners OF the land TO meet ultimate loss
their part might have been protected by injunction
applied for before the building put up against the
jury apprehendcd from the enhanced cost result from
its erection and subsequent demolition.
Fifth That the setting back Of the buildings erected
on the street seven ago four feet from the line
not under the circumstances gratuitous dedication Of
so much ground to public but merely particular
mode Of improving the lots for the private
the and subject TO modification at their pleasure
snd that If that space I've taken for the widening of the
street to give the public legal right to it, the
are entitled to just compensation, in the
as in any other of private property taken public
use.
The court therefore refused the motion confirm the
commissioners report and referred the back the
commissioners for correction.