NY · constitutions
N.Y. Const. art. I, § 7
Compensation for taking private property; private roads; drainage of agricultural lands
(a) Private property shall not be taken for public use without just compensation.
(c) Private roads may be opened in the manner to be prescribed by law; but in every case the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceedings, shall be paid by the person to be benefitted.
(d) The use of property for the drainage of swamp or agricultural lands is declared to be a public use, and general laws may be passed permitting the owners or occupants of swamp or agricultural lands to construct and maintain for the drainage thereof, necessary drains, ditches and dykes upon the lands of others, under proper restrictions, on making just compensation, and such compensation together with the cost of such drainage may be assessed, wholly or partly, against any property benefitted thereby; but no special laws shall be enacted for such purposes.
History
Amended by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938. Subdivision (e) repealed by vote of the people November 5, 1963. Subdivision (b) repealed by vote of the people November 3, 1964.
Provenance
- Source
- dos.ny.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
15ced8159a4c42e4a23a0a26fe0d5fa6437b5863e21e349a5ac43a897417c404
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