Legal Opinion

Portland & Greenwood Turnpike Co. v. Bobb

Court of Appeals of Kentucky

Decided February 12, 1889PublishedCited by 17 opinions

Case 37 — PROCEEDING TO CONDEMN LAND — APPEAL PROM PENDLETON CIRCUIT COURT’. In a proceeding to condemn land for the use of a turnpike company, a formal petition as prescribed in the Code for civil actions is not necessary.

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Case 37 — PROCEEDING TO CONDEMN LAND — APPEAL PROM PENDLETON CIRCUIT COURT’. In a proceeding to condemn land for the use of a turnpike company, a formal petition as prescribed in the Code for civil actions is not necessary. (Gen. Stat., chaps. 18, 56, 110.) The proceedings to condemn the land were not authorized by the statute, because there was no petition, no allegation that the land was necessary for the use of the road, and no particular description of the land sought to be appropriated. (Gen. Stat., chap. 56, 110; Civil Code, secs. 39 and 90.)

1Opinion of the Court

JUDGE HOLT

delivered the opinion of the court.

The appellant, the Portland and Greenwood Turnpike Road Company, instituted a proceeding in the Pendleton County Court to condemn a right of way for its road through the land of the appellee, Joseph Bobb, under the act of the Legislature of April 11, 1882, and which, by its tenth section, is made applicable to the condemnation of lands for turnpike road purposes. The first section thereof provides: ‘‘When any railroad company authorized to construct and operate a railroad in this State shall be unable to contract with the owner of any land or…

2Cases cited1 opinion

  1. Walton v. RileyCourt of Appeals of Kentucky · 1887

3Cited by17 opinions

  1. Calor Oil & Gas Co. v. FranzellCourt of Appeals of Kentucky · 1908
  2. Morrison v. Indianapolis & Western Railway Co.Indiana Supreme Court · 1906
  3. Postal Tel. Cable Co. of Utah v. Oregon S. L. R.Utah Supreme Court · 1901
  4. Oregon Short Line R. v. Postal Tel. Cable Co. of IdahoCourt of Appeals for the Ninth Circuit · 1901
  5. Dallas v. HallockOregon Supreme Court · 1904

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