Belle Fourche Valley Ry. v. Belle Fourche Land & Cattle Co.
South Dakota Supreme Court
Appeal from Circuit Court, Butte County. Hon. W. G. Rice, Judge. Action by the Belle Fourclie Valley Railway against the Belle Fourche Land & Cattle Company. From part of the judgment and from the order denying a motion for new trial, defendant appeals.
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Appeal from Circuit Court, Butte County. Hon. W. G. Rice, Judge. Action by the Belle Fourclie Valley Railway against the Belle Fourche Land & Cattle Company. From part of the judgment and from the order denying a motion for new trial, defendant appeals. In estimating- the value of land in condemnation proceedings all the capabilities of the property and all the uses to which it may be applied or for which it is adapted are to be considered, and not merely the condition it is in at the time and the use to which it is then applied by the owner. Lewis Eminent Domain, vol. 2, 3rd ed., sec. 706…
1Opinion of the CourtWhiting, J.
This action was the statutory proceeding, brought by plaintiff, to condemn a right of way over and across the lands of defendant. A trial was had, verdict returned fixing the amount of damages to which defendant was entitled, and judgment for that amount, together- with judgment for costs, entered in favor of defendant. Defendant moved for a new trial, whicll motion being denied it appealed from the order denying a new trial, and from that part of the judgment fixing the amount of damages it should recover, but it did not appeal from the judgment for costs.
The only errors assigned by. the…
2Cases cited14 opinions
- Reynes v. DumontSupreme Court of the United States · 1889
- Embry v. PalmerSupreme Court of the United States · 1883
- Tyler v. SheaNorth Dakota Supreme Court · 1894
- United States v. DashielSupreme Court of the United States · 1866
- Portland Construction Co. v. O'NeilOregon Supreme Court · 1893
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3Cited by10 opinions
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- Basin Electric Power Cooperative, Inc. v. CutlerSouth Dakota Supreme Court · 1977
- BASIN ELEC. POWER CO-OP., INC. v. CutlerSouth Dakota Supreme Court · 1977
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