N. Y. AND GREENWOOD LAKE RAILWAY CO., et al. v. ESSEX CO. PARK COMMISSION.
(N. J. Supreme Court, Dec. 10, 1921).
Certiorari--Railroad Land Acquired by Park Commission by Condemnation--Disuse of Land by Railroad.
New York and Greenwood Lake Railway Co., a Corporation, and Erie Railroad Co., a Corporation, Prosecutors, against Essex County Park Commission. Application for writ of certiorari before Hon. William S. Gummere, Chief Justice.
Messrs. Parker, Emery & Van Riper (by Mr. John M. Emery) for Prosecutors.
Mr. Alonzo Church for Respondent.
GUMMERE, C. J. (orally): As I understand the situation with relation to the law and the facts, it is this:
The Park Commission, having been created by the Legislature for the purposes specified in the Act under which it was organized, conceived the idea of acquiring land to be devoted to the uses of a park up in Verona, and that was done, of course, under a form of resolution, and I assume, unless I am corrected, that the land to be embraced in the park was described, in a general way at least, in the resolution. Having taken that step they started in to acquire the land to be embraced in the proposed park, and in carrying out that purpose they approached this railroad company for the purpose of buying from them, for the purposes of a park, this particular piece of land, but they were unable to make any arrangement with the company with relation to its purchase and sale. I say that from my recollection of the provisions in the petition which was submitted to me, and the accompanying affidavits.
The railroad company at that time, and that was prior to the first of November, knew that this Park Commission proposed to acquire a tract of land, of which this particular piece was an integral part, for the purposes of public recreation, not only for the citizens of Verona and neighborhood, not only for the citizens of the county of Essex, but for all the citizens of the State who desired to enjoy that public benefit. Now, the Park Commission either had or had not the right to acquire this land in invitum, that is, against the will of the railroad company and by the exercise of the power of eminent domain given to them by the State itself, and so if they had desired to do so (and when I say "they" I mean the railroad company), they could have ascertained just what the steps were that had been taken by the Park Commission antecedent to the negotiations for the purchase of this land. They would have ascertained that this resolution had been passed and that this particular piece of land was only a part, perhaps a small part of the whole territory which was to be acquired and devoted as a unit to park purposes, but they did not do it. They sat still until they received notice that an application had been made to the presiding Justice here for the appointment of commissioners to condemn that piece of land, and a representative of the railroad company appeared here in response to that notice.