McEachin v. City of Tuscaloosa
Supreme Court of Alabama
Appeal from Tuscaloosa Circuit Court. Heard before Hon. Thomas W. Knight, Special •Judge. Action by Dora S. McEacbin against the mayor and aldermen of tbe city of Tucaloosa for damages to abutting property on account of tbe removal of shade trees from tbe edges of tbe sidewalk.
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Appeal from Tuscaloosa Circuit Court. Heard before Hon. Thomas W. Knight, Special •Judge. Action by Dora S. McEacbin against the mayor and aldermen of tbe city of Tucaloosa for damages to abutting property on account of tbe removal of shade trees from tbe edges of tbe sidewalk. Judgment for defendant, and plaintiff appeals. — An abutting owner is entitled to be paid for any injury to property taken under tbe power of eminent domain whether be owned tbe fee in tbe street or not. — Sec. 235, Const. 1901; Enterprise L. Go. v. Porter & Newton, 46 South. 773; City Gounc.il v. Maddox, 89 Ala. 181;…
1Opinion of the CourtAnderson, J.
Section 235 of the Constitution of 1901 (section 7, art. 14, of the Constitution of 1875) provides that “municipal and other corporations and in*265dividuals invested with the privilege of taking property for public use, shall make just compensation, to be ascertained as may be provided by law, for the property taken, injured or destroyed by the construction or enlargement of its works, highways or improvements,” etc. The language used is plain and unambiguous, and requires compensation to the owner, not only of the property taken or destroyed, but for the property injured, as the result of the…
2Cases cited4 opinions
- City Council of Montgomery v. MaddoxSupreme Court of Alabama · 1889
- City Council v. TownsendSupreme Court of Alabama · 1886
- Town of Avondale v. McFarlandSupreme Court of Alabama · 1893
- City Council of Montgomery v. TownsendSupreme Court of Alabama · 1887
3Cited by30 opinions
- St. Clair County v. BukacekSupreme Court of Alabama · 1961
- Branyon v. KirkSupreme Court of Alabama · 1939
- City of Mobile v. McClureSupreme Court of Alabama · 1930
- Alabama Power Co. v. City of GuntersvilleSupreme Court of Alabama · 1937
- City of Birmingham v. GravesSupreme Court of Alabama · 1917
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