Tillamook County v. Johnson
Oregon Supreme Court
From Tillamook: George E. Bagley, Judge. Department 2. The plaintiff, a municipal corporation, seeks to condemn a strip of land 60 feet in width., lying 30 feet on each side of the center line of the coast highway survey, through the land of the defendants Frank and Marie Johnson in Tillamook County, Oregon. The County Court of that county duly adopted a resolution declaring it necessary to acquire the strip for road purposes.
Read the full summary
From Tillamook: George E. Bagley, Judge. Department 2. The plaintiff, a municipal corporation, seeks to condemn a strip of land 60 feet in width., lying 30 feet on each side of the center line of the coast highway survey, through the land of the defendants Frank and Marie Johnson in Tillamook County, Oregon. The County Court of that county duly adopted a resolution declaring it necessary to acquire the strip for road purposes. The complaint states that the County Court has been unable to agree with the defendants upon the price, and that the damages to said defendants for the taking thereof…
1Opinion of the CourtJohns, J.
1. It appears from the bill of exceptions that the length of the strip of land sought to be condemned is 2,581 feet; that it would divide the *626lands of the appellants'; that it would be necessary to fence each side of the strip, and that the cost of constructing the fences and gates would be approximately $400. After such evidence had been offered, Elmer Hall, as a witness for the defendants, testified -over the objection of the plaintiff that when the fences were constructed the yearly cost of maintaining them would be about $50. In the first portion of its charge, the court instructed the…
2Cases cited2 opinions
- Lockhart v. FerreyOregon Supreme Court · 1911
- Wright v. Conservative Invest. Co.Oregon Supreme Court · 1907
3Cited by8 opinions
- Union Electric Light & Power Co. v. Snyder Estate Co.Court of Appeals for the Eighth Circuit · 1933
- State Highway Commission v. KendrickOregon Supreme Court · 1961
- City of Tulsa v. CreekmoreSupreme Court of Oklahoma · 1934
- Lewis Clark County v. NettMontana Supreme Court · 1928
- State Highway Commission v. ZacharyOregon Supreme Court · 1962
3 more not listed; retrieve them via the Exa API.