White v. Memphis, Birmingham & Atlantic Railroad
Mississippi Supreme Court
Appeal from the Circuit Court of Marshall County. Hon. W. S. Featherston, Judge. The case is stated in the opinion of the court. 1. As to the condemnation of land for public use, it is sometimes said that “ due process of law” means that the State has provided a tribunal for the assessment of damages. Cooley Const. Lim. 700. It is essential, however, that this remedy be one to which the landowner can resort on his own motion.
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Appeal from the Circuit Court of Marshall County. Hon. W. S. Featherston, Judge. The case is stated in the opinion of the court. 1. As to the condemnation of land for public use, it is sometimes said that “ due process of law” means that the State has provided a tribunal for the assessment of damages. Cooley Const. Lim. 700. It is essential, however, that this remedy be one to which the landowner can resort on his own motion. If the provision is only for the public authorities appropriating the lands, to be authorized to take proceedings of condemnation, such provision is simply void. Cooley…
1Opinion of the CourtCooper, C. J.
There is in the record an agreed statement of facts by which it appears that in 1872 the appellant and her brother were the owners of the lands described in the suit; that in 1872 the Memphis, Holly Springs and Selma Railroad Company (of which the appellee is the successor) entered upon the lands and began the construction of its road, and no objection was' made thereto by the owners of the land; that in 1873 work was suspended and not resumed until 1881, at which time the appellant was the owner of the land and as such executed a deed conveying to the company a right of way “ on condition…
2Cases cited4 opinions
- Nichols v. City of BridgeportSupreme Court of Connecticut · 1854
- Farrington v. MorganNew York Supreme Court · 1838
- People ex rel. Bingham v. Village of BrightonMichigan Supreme Court · 1870
- Board of Levee Commissioners v. AllenMississippi Supreme Court · 1882
3Cited by4 opinions
- Craft v. DeSoto CountyMississippi Supreme Court · 1901
- Cumberland Telephone & Telegraph Co. v. MorganMississippi Supreme Court · 1908
- Western Union Tel. Co. v. Louisville & N. R.Mississippi Supreme Court · 1914
- City of Greenwood v. GwinMississippi Supreme Court · 1929