People Ex Rel. Department of Public Works v. Pera

WOOD (Fred B.), J. pro tem. *

In this proceeding in eminent domain the defendant landowners have appealed from a judgment awarding them $12,852 for the 3.048 acres taken and $934.50 for severance damages for the 8.742 acres not taken. The land taken by the state is for exchange with a railway company for a portion of the latter’s right of way needed for highway purposes.

The only instruction given which defendant now claims erroneous is a definition of just compensation: “The term ‘just compensation’ means ‘just’ not only to the party whose property is taken for public use but also ‘just’ to…