State ex rel. Fogle v. Richley

The substance of appellants’ claim is that the state must reappropriate the land in question. Appellants reason that the recitation in the appropriation by the Cleveland, Columbus and Cincinnati Railroad Com*145pany over a century ago that the taking was for the purpose of constructing and operating a railroad requires its continued use for that purpose. The object of that recitation was to describe the public purpose, which is required in order to justify the delegation of the sovereign power of appropriation to the railway company.* The language does not specify a reversion in the event of use…