Atchison, Topeka & Santa Fe Railway Co. v. Richter
New Mexico Supreme Court
Appeal from District Court, Bernalillo County; H. F. Raynolds, Judge. 'Condemnation proceedings by the Atchison, Topeka fr Santa Fé Railway Company against Johanna Richter. From a judgment for Richter, the railway company appeals. .The owner of land which has been entered upon by a public service corporation and subsequently condemned is not entitled to compensation in the condemnation proceedings for ties, culverts, rails, etc. Cohen v. St. L., Ft.
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Appeal from District Court, Bernalillo County; H. F. Raynolds, Judge. 'Condemnation proceedings by the Atchison, Topeka fr Santa Fé Railway Company against Johanna Richter. From a judgment for Richter, the railway company appeals. .The owner of land which has been entered upon by a public service corporation and subsequently condemned is not entitled to compensation in the condemnation proceedings for ties, culverts, rails, etc. Cohen v. St. L., Ft. S. & W. R. Co., 34 Kan. 158; Lewis on Eminent Domain, 67G; Daniels v. C. I. & N. R. Co., 41 Iowa, 52; Lyon v. Green Bay M. R. Co., 42 Wis. 538;…
1Opinion of the Court
OPINION OP THE COURT.
PABKEB, J.-
— The appellant Drought proceedings io condemn 1.86 acres of land which it was occupying for railroad purposes. The commissioners appointed by the court assessed the value of the premises at $3,000. .Objections to the report being filed by appellant, the -court resubmitted the matter to the same commissioners, who made a second return fixing the value of the premises at $4,500. Exceptions to the report were filed by appc-F lant and overruled by the court, whereupon appellant, appealed from the award to the district court. A trial.was had in Bernalillo county,…
2Cases cited41 opinions
- Shepley v. CowanSupreme Court of the United States · 1876
- Hastings & Dakota Railroad v. WhitneySupreme Court of the United States · 1889
- Kansas Pacific Railway Co. v. DunmeyerSupreme Court of the United States · 1885
- Toledo, Ann Arbor & Grand Trunk Railway Co. v. DunlapMichigan Supreme Court · 1882
- Jones v. New Orleans & Selma RailroadSupreme Court of Alabama · 1881
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3Cited by14 opinions
- Hamerly v. DentonAlaska Supreme Court · 1961
- Lovelace v. HightowerNew Mexico Supreme Court · 1946
- Anderson-Tully Co. v. United StatesCourt of Appeals for the Fifth Circuit · 1951
- City of Tucumcari v. Magnolia Petroleum Co.New Mexico Supreme Court · 1953
- In Re Petition of State Highway Com'r.Michigan Supreme Court · 1937
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