Legal Opinion · Concurrence

Sowers v. Schaeffer

Ohio Supreme Court

Decided June 29, 1949No. 31662 and 31663Published

1ConcurrenceHart, J.

I concur in both paragraphs of the syllabus and in the judgment in this case, but in so doing I deem it proper to express iny views as to some of the procedural steps necessary to be taken to meet legal requirements in such cases.

I concur in the view that, under ordinary circumstances, all persons who have interests in a single parcel or tract of land held in fee under a single legal title may be made parties defendant in an action to appropriate the property for public use and a lump sum award may be made to the owners of the various rights and interests incident to the property. Thus in a…

2Cases cited9 opinions

  1. Boston Chamber of Commerce v. City of BostonSupreme Court of the United States · 1910
  2. State v. Platte Valley Public Power & Irrigation DistrictNebraska Supreme Court · 1946
  3. State Ex Rel. McCaskill v. HallSupreme Court of Missouri · 1930
  4. Mayor of Baltimore v. LatrobeCourt of Appeals of Maryland · 1905
  5. Matter of City of New York (Public Beach)New York Court of Appeals · 1935

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