[DOWNLOAD] "David Schulman Et Al. v. People State New York" by Court of Appeals of New York * Book PDF Kindle ePub Free
eBook details
- Title: David Schulman Et Al. v. People State New York
- Author : Court of Appeals of New York
- Release Date : January 07, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
This case is in a sense the converse of New York State Thruway Auth. v. Ashley Motor Court (10 N.Y.2d 151) upholding the constitutionality of section 361-a of the Public Authorities Law, enacted in 1952, prohibiting the erection of any billboard or other advertising device located within 500 feet of the nearest edge of the Thruway pavement without a written permit from the Thruway Authority. The enactment of that section was held to be a lawful exercise of the police power of the State in the interest of public safety. The appeal in the case now under consideration concerns whether under section 30 of the Highway Law the State may condemn on payment of just compensation property rights in the form of negative easements in case of other State highways, the exercise of which it prohibits altogether without compensation under section 361-a of the Public Authorities Law in case of the Thruway. We are here dealing with a portion of Route 17 in Sullivan County. It is a limited-access highway, and, as the State asserts, it is similar in nature to the portion of the Thruway involved in the Ashley case. But section 361-a of the Public Authorities Law applies only to the Thruway, and not to Route 17. Section 675 of the Conservation Law prohibits the erection or maintenance of advertising signs within 500 feet of the border of any State park or parkway, but such is not Route 17. Section 569-b of the Public Authorities Law prohibits certain types of advertising signs within 500 feet of the Whitestone Bridge project or the Brooklyn Battery Tunnel project, or their approaches and connections, but this does not apply to Route 17. Having failed to get authority from the Legislature to control outdoor advertising along State highways generally through bills which were introduced but failed of passage in 1952, 1957, 1959 and again in 1960,* the Superintendent