Grand Rapids, Newaygo & Lake Shore Railroad v. Van Driele
Michigan Supreme Court
Appeal from the Probate Court of Kent County. This was a petition by the railroad company to acquire the right of way for railroad purposes over the lands of Ary Van Driele and others. This petition did not state that there was any necessity for taking the property for public use. A jury was demanded, and twelve jurors having been summoned and impanneled, the matter was tried before them.
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Appeal from the Probate Court of Kent County. This was a petition by the railroad company to acquire the right of way for railroad purposes over the lands of Ary Van Driele and others. This petition did not state that there was any necessity for taking the property for public use. A jury was demanded, and twelve jurors having been summoned and impanneled, the matter was tried before them. The report of the jury on the subject of the necessity of the taking for the public use, simply determined “that it was and is necessary to take and use said land, as above described, for the purpose of…
1Opinion of the Court
Tub Court
held that a petition to acquire title to lands for railroad purposes should allege that the taking was necessary for the public use; and that the finding of the jury “'that it was and is necessary to take and use said land for the purpose of operating and constructing said railroad by said company,” is not such a finding of the necessity for taking said property for the public use, either in form or substance, as is required by the constitution.— Article XVBII., § 2. See Mansfield, Coldwater & Lake Mich. R. R. Co. v. Clark, 23 Mich., 519.
The proceedings must bo reversed with costs.
2Cases cited1 opinion
- Mansfield, Coldwater & Lake Michigan Railroad v. ClarkMichigan Supreme Court · 1871
3Cited by3 opinions
- Risser v. HoytMichigan Supreme Court · 1884
- Pere Marquette Railroad v. United States Gypsum Co.Michigan Supreme Court · 1908
- Arnold v. Village of DecaturMichigan Supreme Court · 1874