Grove v. Allen
Supreme Court of Iowa
Appeal from Story District Court. — Hon. D. R. Hindman, Judge. Plaintiee claimed three hundred and fifty dollars’ damages in a proceeding on the petition of the defendant and others to vacate a certain highway. The appraisers allowed him twenty-five dollars, and the.board of supervisors increased the allowance to sixty dollars.
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Appeal from Story District Court. — Hon. D. R. Hindman, Judge. Plaintiee claimed three hundred and fifty dollars’ damages in a proceeding on the petition of the defendant and others to vacate a certain highway. The appraisers allowed him twenty-five dollars, and the.board of supervisors increased the allowance to sixty dollars. Plaintiff served notice of appeal to the district court upon the four persons whose names first appear on the petition, including the defendant, but not upon, the county auditor. The auditor caused a complete-transcript to be filed with the clerk of the district court,…
1Opinion of the CourtGiven, J.
1 We are of the opinion that the motion was properly sustained. No authority is given in the Code for allowing damages on account of the vacation of a public highway, and the reason is apparent when we consider the difference in the effect between establishing and vacating a highway. In establishing public highways, burdens may be imposed upon the individual that are not common to the general public. If the highway be established upon his land, land is taken; or, if along his line, though no land is taken, increased burdens, in the way of fencing and the like, may be imposed. Not so, however,…
2Cases cited2 opinions
- Brady v. ShinkleSupreme Court of Iowa · 1875
- Ellsworth v. Chickasaw CountySupreme Court of Iowa · 1875
3Cited by7 opinions
- Warren v. Iowa State Highway CommissionSupreme Court of Iowa · 1958
- Long v. WilsonSupreme Court of Iowa · 1903
- Sullivan v. RobbinsSupreme Court of Iowa · 1899
- Heery v. RobertsSupreme Court of Iowa · 1919
- McKinney v. BakerSupreme Court of Iowa · 1896
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