The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-03-23
LANDOWNERS DEIIGHTED.
TAe Deeision OF the Court OF Appeals Ancct-
Ing the NoncY I.Innd KnLlrond.

The decision 81 the Court OF Appeals that
the Proc ped Park Gravcscnd and Coney Island
Railroad Company must compcnsatc the owners
of land along Uravcscnd avenue for the use Of
the highway which they have taken up without
paying anything therefor. has been received
with gloe along the line Of the road. Gravrscnd
avenue WAS opcnc in 1874 from Brooklyn
through the towns OF Flnthusn Now Utrecht,
and Gravceend W Concy Island Dcarh. II was
10 h. 100 fc.s wide. with a carriage way Of sixty
feet sidewalks ten feet wide. and counyards ON
both aides Of the same width.
The Commissioners were authorized to oeti-
mate the value of lands taken for The avenue, TO
aeeoss the damages sustained Ivy any persons
interested therein, and 10 TX distrcto Of asees--
mcnt on which to levy for the laying out. open
ing. and improving OF the avenue. Thus the
whole expense Of the street was borne 10y the
owners " proporty along the route. The rond
was designed to b. one VI the splcnlid houlc-
wards from The cily 81 the sna. Ia 1874. 10y the
earn 1t effort OF Asscmhlyman cGtoauy. u
bill was put through the legislature nuthuri2-
ing the Gravoscnd and Conev Island Railroad
y upcrat' with steam or utl'r motive power
that portion OF the road between Nineteenth
street and Cpncy Island which they Wrr" nu-
thuri1ad by a brief clause in tho original at to
construct Thus President Culver hid aspon-
did avenue for u roadhrd taken from private
owners, who recrNed mUlerat compcusatiun
for their land. which they had To pay for them
selves m the ueS,SStntf lts on the rest ul tcir
land The cost " the avenue WINS large 10 the
ttN payers. but it cost Pres idcnt Culver nothing.
He btid his ties and rails. put on his engines.
and took In a fortune the first season he opcr-
atnd the ruad.
The Washington Cemetery. whose lands had
been taken for the avenue. contested the right
OF the railroad company Ia use II without COM
prnsHtlOn for its use. IL took the Ia the
courts and the General Term decided TINT the
raiload company must have the land condemned
under the General Railroad act t. the use OF the
road, upon compensation made to the owners.
Tho Court of Appeals sustains the decision In
full. and holds that the public acquired an rnEr.
mont only, and not "a foe in the lands. and hence
the Legislature could not give to the railroad
the use of the land AZ though fee had been
acquired. The experiment Of taking land Nv
right Oi eminent domain Tor the use Of rail
road company. and paying for IL IN benefits 10
never been tried in this ease. The cffAt of this
important decision will be that the rnilrnad
company must pay for the land II is using. and
thu entire expense will doubtless boz great
The great patronay" of this road last summer,
and the increased popularity of COncy Island.
have led TO two other railroad proceeds. on" con-
trullcd 10y Austin Corbin the other hy Henry G..
Murphy and eN-Judgr Lott. Assnmbyman
McGroartv who. Il Is asserted IL n large stock o
holder in Mr.. Culver's ruad. II now urging
through the Lcglslaturau hill 10 prevent the con-
structiOn OF any railroad Oh the surface Of any
approach 10 Prospect Park. thus making 1t
necessary for all the roads now in course of
cunstruNlOn W incur the "a p,ns,' OF tunntlliug
all Park approaches which they will not be able
Ia do IN time for the summers traiii.. There IL
much opposition to the passage OF McGronrtv =
bill in Kings county. IA II will leave the Conry
Island travel in the hands of a virtual mo-
nppcly.