Chicago & Northwestern Railway Co. v. City of Racine

Taking a broad view of the matter, no compelling reason appears why the city may not condemn the portion of the right of way involved. While a few courts have held that a municipality has no right to’ condemn railroad right of way longitudinally for street purposes, this court has never so ruled. If a proposed street extension may cross a railroad, it would seem that when necessity therefor exists it may be permitted to pass over a portion of a railroad right of way on which no track lies or struc*173ture stands. The city does not take the land; it only takes a public right of way over it; and if…