Schroeder v. City of New York, 371 U.S. 208 (1962)

Schroeder v. City of New York

No. 75

Argued November 15, 1962
Decided December 17, 1962
371 U.S. 208

APPEAL FROM THE COURT OF APPEALS OF NEW YORK

Syllabus

Under the New York City Water Supply Act, the City instituted proceedings to acquire the right to divert portion of a river some 25 miles upstream from appellant’s summer home, which was on the bank of the river and was occupied only during the months of July and August each year. Although appellant’s name and address could easily have been ascertained from deed records and tax rolls, no attempt was made to give notice to appellant except by publication in newspapers and by posting notices during the month of January on trees and poles along the river. Alleging that she had no actual knowledge of the proceedings until after the statutory period for filing damage claims had expired, appellant sought redress in the New York courts.

Held: in the circumstances of this case, the newspaper publications and posted notices did not measure up to the quality of notice which the Due Process Clause of the Fourteenth Amendment requires. Pp. 208-214.

10 N.Y.2d 522, 180 N.E.2d 568, reversed.