Hubbell v. City of Des Moines
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. James P. Hewitt, Judge. PROCEEDINGS for the condemnation of certain real estato belonging to the plaintiffs, in Des Moines, Iowa, for city purposes. Plaintiffs appealed from an award made by a sheriff's jury, to the district court, and upon a trial of that appeal to a jury they were awarded the sum of $31,000.00, which was $1,500.00 less than the award by the sheriff’s jury. They appeal.
1Opinion of the CourtDeemeR, J.
The issues arising in the trial court were, first: the size of the lot, it being bounded on the east by the Des Moines river, which, at the time of the original survey, was declared a navigable stream; and, second, the amount of compensation which should be awarded for the taking of the lot. The lot was sought to be condemned for park purposes, and the entire tract was so taken, so that any question of consequential damages was entirely eliminated.
The latter of the two questions was simply: What was the fair market value of the property taken? Upon the first proposition the trial court…
2Cases cited33 opinions
- Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
- Washburn v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884
- Alloway v. NashvilleTennessee Supreme Court · 1890
- McManus v. CarmichaelSupreme Court of Iowa · 1856
- Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
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3Cited by17 opinions
- Minneapolis-Saint Paul Sanitary District v. FitzpatrickSupreme Court of Minnesota · 1937
- Korf v. FlemingSupreme Court of Iowa · 1948
- Iowa Development Co. v. Iowa State Highway CommissionSupreme Court of Iowa · 1961
- Redfield v. Iowa State Highway CommissionSupreme Court of Iowa · 1959
- Stortenbecker v. Iowa Power and Light CompanySupreme Court of Iowa · 1959
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