Legal Opinion

City of St. Louis v. Abeln

Supreme Court of Missouri

Decided November 26, 1902PublishedCited by 9 opinions

Appeal from St. Louis City Circuit Court. — No». Wm. Zachritz, Judge. (1) The appellant is entitled to full and fair compensation for lier improvements. “Just compensation implies adequate compensation, a fair equivalent, a just indemnity.”

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Appeal from St. Louis City Circuit Court. — No». Wm. Zachritz, Judge. (1) The appellant is entitled to full and fair compensation for lier improvements. “Just compensation implies adequate compensation, a fair equivalent, a just indemnity.” Railroad v. McG-rew, 104 Mo. 289. “The paramount law intends that the owner shall he put in as good a condition pecuniarily by a just compensation as he would have been in if the land had remained entire as his own property.” 2 Lewis on Eminent Domain-•(2 Ed.), sec. 464, p. 999. (2) The uncontroverted evidence in the cause establishes that Mrs. Abeln…

1Opinion of the CourtYalliant, J.

A condemnation suit to widen Park avenue in the city of St. Louis. The commissioners appointed by the circuit court to assess damages and benefits made their report in which they said:

“We have carefully examined the premises proposed to be taken for the establishment and opening of said avenue, and we have ascertained the actual value of the land and premises proposed to be taken without reference to the projected improvement and the actual damages done to the property thereby, to be the sum of $13,767, and for the payment of such values and damages have assessed against the city the amount…

2Cases cited5 opinions

  1. Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
  2. Hannibal Bridge Co. v. SchaubacherSupreme Court of Missouri · 1874
  3. Hannibal Bridge Co. v. SchaubackerSupreme Court of Missouri · 1872
  4. Cape Girardeau v. DennisSupreme Court of Missouri · 1878
  5. St. Louis & Florissant Railroad v. AlmerothSupreme Court of Missouri · 1876

3Cited by9 opinions

  1. City of St. Louis v. RossiSupreme Court of Missouri · 1933
  2. City of St. Louis v. TurnerSupreme Court of Missouri · 1932
  3. Springfield Southwestern Railway Co. v. SchweitzerMissouri Court of Appeals · 1913
  4. City of Houston v. SchorrCourt of Appeals of Texas · 1950
  5. St. Louis, Iron Mountain & Southern Railway Co. v. PfauSupreme Court of Missouri · 1908

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