Robertson v. Hartenbower
Supreme Court of Iowa
Appeal from Polk District Court. — HoN. S. P. Prouty*. ■ • Judge. IN September, 1899, the city council of Des Moines-commenced condemnation proceedings to acquire property of the plaintiff for street extension purposes, as follows t The north thirty-three feet of lot four, the south six feet-of lot nine, and a strip ‘of ground in lot four, fifty feet, wide by seventy-two feet long.
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Appeal from Polk District Court. — HoN. S. P. Prouty*. ■ • Judge. IN September, 1899, the city council of Des Moines-commenced condemnation proceedings to acquire property of the plaintiff for street extension purposes, as follows t The north thirty-three feet of lot four, the south six feet-of lot nine, and a strip ‘of ground in lot four, fifty feet, wide by seventy-two feet long. Commissioners were duly appointed by the sheriff, and the plaintiff was awarded' $4,000 for the north thirty-three feet of lot'four, $200 for the south six feet of lot nine, and $300 for the strip fifty-feet wide…
1Opinion of the CourtSheRwiN, J.
Bat two questions are before us for consideration : First, did the city have the power to order the second and third condemnations of the same land for the same purpose? and, second, will a writ of certiorari lie to determine that question? The power given to cities- and towns to condemn private property for public use is conferred by section 880 of the Code. .Section 884 provides that the proceedings therefor “shall be in accordance with the provisions relating to taking private property for works of internal improvement, except that the; jurors shall have the additional qualification of…
2Cases cited8 opinions
- Gear v. Dubuque & Sioux City RailroadSupreme Court of Iowa · 1866
- Rogers v. City of St. CharlesMissouri Court of Appeals · 1876
- Rockwell v. BowersSupreme Court of Iowa · 1893
- Corbin v. Cedar Rapids, Iowa Falls & Northwestern Railway Co.Supreme Court of Iowa · 1885
- Chicago, Rock Island & Pacific Railway Co. v. City of ChicagoIllinois Supreme Court · 1894
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- Wheatley v. City of FairfieldSupreme Court of Iowa · 1936
- Virginia Manor, Inc. v. City of Sioux CitySupreme Court of Iowa · 1978
- Board of Supervisors v. ProffitSupreme Court of Virginia · 1921
- Essex County Improvement Authority v. RAR Development AssociatesNew Jersey Superior Court Appellate Division · 1999
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