3. cision of the commissioners, which appeal shall be heard and decided at the next term held in the department in which the lands of the petitioners or any of them are situated, for which the same can be noticed according to the rules and practice of the court. On the hearing of such appeal, the court may affirm the route proposed by the corporation or may adopt that proposed by the petitioner. The commissioners shall each be entitled to six dollars per day for their services, and to their reasonable and necessary expenses, to be paid by the persons who apply for their appointment. If the route, as designated by the corporation, is altered by the commissioners or by the order of the court, the corporation shall refund to the petitioner the amount so paid, unless the decision of the commissioners is reversed upon appeal taken by the corporation. Said corporation shall not institute any proceedings for the condemnation of real property in any county until after the expiration of fifteen days from the service by it of the notice required by this section. Said corporation may contract with any corporation in this State, public or private, to furnish water for any of the purposes in this act mentioned, and every corporation in this State is hereby authorized to enter into such contracts with said corporation for any length of time that may be deemed advisable. 4. Said corporation may lay pipes for the purpose of conducting water for the purposes of its business under any of the navigable waters of this State, provided they are laid so as not to interfere with the navigation of such waters. 5. This act shall take effect immediately. Under the powers given by this act the Ramapo Company is given full power to contract to supply water not only to any municipality, but to any corporation public or private, with no requirement for filing an amended certificate or obtaining the consent of local authorities. The power to supply water for municipal purposes and in addition the power to supply water for commercial uses is given by this special act and is a power which no corporation can obtain except by special legislation and is an exclusive power of the Ramapo Company. The company is given broad powers of condemnation and practically the right to select such route as it may choose without fear of opposition, as the provisions of Section. 2 of the act are such as to render it practically impossible for any one to comply with them within the time limited, and moreover the expense of such opposition is prohibitive. Legislation Restricting the Right of the City of New York to Acquire Its Water Supply. Under the Consolidation Act the City of New York had power to acquire the needed water supply by condemnation and there was no restriction upon this power.8 The first important limitation upon the powers of the City was the act passed in 1896 (referring to, though not naming, Suffolk County) by which the supervisors of the county were authorized to file with the county clerk a certificate stating that the waters within the county named in the certificate are necessary for the inhabitants of the county. Upon the filing of such certificate, the waters are exempted from condemnation by any person or corporation ex Sec. 364 of the Consolidation Act provides that "where the Commissioner of Public Works shall have entered upon, taken or used or shall hereafter enter upon, take or use the water of any lake or any upland, or lands under water or water rights or privileges or any incorporate hereditament or any other property for the purpose of maintaining, preserving or increasing the supply of pure and wholesome water for the use of said city, said Commissioner is authorized . . . to acquire all rights, title and interests in and to such real estate by whomsoever the same may be held, enjoyed or claimed and to pay for and extinguish all claims or damages on account of such rights, titles or interest or growing out of such taking or using." Sec. 366 et seq. of the act provide for the procedure upon such taking. cept upon written consent of a majority of the supervisors." The Charter of Greater New York expressly states that this act is not repealed by anything contained in the Charter.10 The powers of condemnation for water supply purposes given to New York are contained in Sections 472 and 484 of the Charter. The powers of the City of New York under the Consolidation Act are in form retained in Section 484, but are, in fact, modified and restricted by Section 472, which provides that the City shall not have power "to acquire or extinguish the property rights of any person or corporation in or to any water rights that, at the time of the initiation of the proceedings for condemnation, were in whole or in part devoted to the supply of the water works of the people of any other city, town or village of the State, or to the supply and distribution of water to the people thereof" or water used in any way for State canal purposes. The restriction contained in this section is new. It was not a part of the general law or of the Consolidation Act. The effect is to render it impossible for New York City to acquire any watershed or water supply of which any portion, no matter how small, is used in supplying water to any city, town or village, and so, again, by legislation the power of New York to obtain its own water supply is curtailed, and the City has less power of condemnation than a private water company organized under the general law. Again, the City is required to dredge harbors on Long Island because it takes part of the fresh water flowing into the Sound.12 So by legislation it is made increasingly difficult for the City to obtain its own water supply. Such legislation 'Laws 1896, Chap. 442. "Charter Greater New York, Sec. 1619. Charter Greater New York, Sec. 472. gives no protection to owners of water supply in thus restricting New York City so long as private companies are authorized to contract with the City for water supply and no restriction is put upon the powers of condemnation of such companies. The City must have water, and so long as private companies have power to acquire by condemnation the water rights necessary to supply the City with water, there is no possible excuse for refusing to give this right to New York City. |