Blades v. N.Y. State Low-Level Radioactive

Full title: ROBERT U. BLADES et al., Appellants, v. NEW YORK STATE LOW-LEVEL…

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Oct 5, 1990

166 A.D.2d 895 (N.Y. App. Div. 1990)

560 N.Y.S.2d 556

Opinion

October 5, 1990

Appeal from the Supreme Court, Allegany County, Gorski, J.

Present — Denman, J.P., Boomer, Pine, Balio and Lawton, JJ.

Order unanimously affirmed without costs. Memorandum: The court properly granted a preliminary injunction enjoining plaintiffs from interfering with the entry of New York State Low-Level Radioactive Waste Siting Commission upon plaintiffs' property for the purpose of making tests and surveys pursuant to ECL 29-0305. "The Legislature has long recognized the necessity for entry upon private property for the purpose of making surveys and examinations prior to construction of public improvements" (King v. Power Auth., 44 A.D.2d 74, 76, affd 38 N.Y.2d 756). Moreover, condemnation is not required prior to entry (King v. Power Auth., supra, at 75-76).