City of St. Louis v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) The measure of damages in condemnation suits for land condemned is' the market value of the land taken. Lewis on Eminent Domain, secs. 685, 706; Cooley’s Constitutional Limitations (7 Ed.), chap. 15, p. 819. (2) In cases where land to be condemned is' under lease the measure of damages in favor of the lessee is the market value of his lease over and above the rent reserved.
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Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) The measure of damages in condemnation suits for land condemned is' the market value of the land taken. Lewis on Eminent Domain, secs. 685, 706; Cooley’s Constitutional Limitations (7 Ed.), chap. 15, p. 819. (2) In cases where land to be condemned is' under lease the measure of damages in favor of the lessee is the market value of his lease over and above the rent reserved. Lewis on Eminent Domain, sec. 719; Hughes v. Hood, 54 Mo. 352; Baltimore v. Rice, 73 Md. 307. (3) Where land is condemned for public use there…
1Opinion of the CourtFaris, P. J.
The city of St. Louis brought this action to condemn a strip of land for the western approach to its Municipal Bridge. Damages were assessed in favor of the several defendants by a commission of three freeholders, to whose report the city filed exceptions. The case came on for hearing in the circuit court of the city of St. Louis, wherein the exceptions of appellant city were overruled and it appealed.
The Regal Buggy Company, respondent herein, was the lessee for years of one parcel of the real estate which was condemned in this action. The lease of respondent, at the date of the making of…
2Cases cited35 opinions
- Cent. Pac. R.R. v. PearsonCalifornia Supreme Court · 1868
- Pause v. City of AtlantaSupreme Court of Georgia · 1896
- St. Louis, Keokuk & Northwestern Railroad v. Knapp-Stout & Co.Supreme Court of Missouri · 1901
- Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
- In re Department of Public ParksNew York Supreme Court · 1889
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3Cited by33 opinions
- United States v. General Motors Corp.Supreme Court of the United States · 1945
- United States v. Becktold Co.Court of Appeals for the Eighth Circuit · 1942
- City of St. Louis v. RossiSupreme Court of Missouri · 1933
- Des Moines Wet Wash Laundry v. City of Des MoinesSupreme Court of Iowa · 1924
- In Re Widening of Gratiot AvenueMichigan Supreme Court · 1940
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