Law of Railways Embracing Corporations Eminent Domain Contracts volume 1

Cover Law of Railways Embracing Corporations Eminent Domain Contracts volume 1
Law of Railways Embracing Corporations Eminent Domain Contracts volume 1
Redfield, Isaac F. (Isaac Fletcher), 1804-1876
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And in North Eastern ♦158 298 EMINENT DOMAIN. §76. SECTION XIV. Right to occupy Highway. 1 . Decisions conflicting. 2. First held that owners of the fee were en- titled to additional damages. 3. Principle seems to require this. 4. Many cases take a different view. 5. Legislatures may and should require such additional compensation. 6. Courts of equity ivill not enjoin railways from occupying streets of a city. 7. Some of the states require such compensa- tion. N. 11. All do not. But the English... courts, principle, and many of the state courts, do require it, as matter of right. 8. Recent decisions upon the rigid to occupy the highway. 1. The decisions in the state of New York require compensation to the owner of the fee. 2. Distinction between streets of cities and highways in the country. 3. Legislature may control existing rail- ways. 4. In Ohio the owner of the fee may claim indemnity against additional injury. 5. True distinction, whether the use is the same. 6. The present inclination seems to be to require additional compensation for laying street railway in highway.

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