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| Re: Bus Strike Anniversary - March 1, 1962 (303230) | |||
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Re: Bus Strike Anniversary - March 1, 1962 |
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Posted by BusMgr on Wed Mar 4 10:24:19 2015, in response to Re: Bus Strike Anniversary - March 1, 1962, posted by Larry,RedbirdR33 on Wed Mar 4 09:22:08 2015. No, franchises cannot be "revoked" arbitrarily since franchises are enforced as a contract (unless, of course, there is a term in the franchise relating to revocation). To get a franchise out of the hands of someone, the government has to condemn the franchise. And even if the City had not condemned the company's franchise, the Court of Appeals held that the City would still have to pay the company for its franchise. "[I]n each instance where one of [the Fifth Avenue or Surface Transit] franchises was destroyed, an award must be made whether or not that franchise was the subject of a formal condemnation . . . ." Matter of City of New York (Fifth Ave. Coach Lines), 22 N.Y.2d 613, 626 (1968).In the case of Fifth Avenue, the City condemned the property of Fifth Avenue and Surface Transit (including their franchises). Government can do that (subject to the right of the condemnee to receive "just compensation" for any property taken), and in this case, it did. And that taking can occur right away, even before the value of the property is finally determined. Here, the litigation resulting from disagreements as to valuation did not finish until 1970, eight years after the property was taken! |
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