In re Proceedings to Condemn Lands Taken by the Port Reading Railroad
Supreme Court of New Jersey
On rule upon the landowner to show cause why the judgment entered for the amount of a verdict of a jury in condemnation proceedings should not he vacated. Questions certified by the circuit judge.
Read the full summary
On rule upon the landowner to show cause why the judgment entered for the amount of a verdict of a jury in condemnation proceedings should not he vacated. Questions certified by the circuit judge. The facts found by Mr. Justice Swayze, sitting as judge of Middlesex Circuit Court, upon which facts the questions certified are to be solved, are these: A petition was presented to a justice of the Supreme Court on October 31st, 1906, by the Port Reading Railroad Company, asking for the appointment of commissioners to condemn certain lands for a right of way to be used for a branch of the…
1Opinion of the Court
The opinion of the court was delivered by
Reed, J.
The important question in this matter is whether the railroad company had a right to abandon the condemnation proceedings on May 18th. The proceedings were taken under the act to regulate the ascertainment and payment of compensation fox property condemned or taken for public use (Pamph. L. 1900, p. 79), and the supplement to same (Pamph. L. 1906, p. 99).
Section 15 of the original act reads as follows: “Any proceeding to condemn taken under this act may be abandoned at any time within twenty days -after the filing of the report of the…
2Cases cited4 opinions
- Packet Co. v. KeokukSupreme Court of the United States · 1877
- Railroad Companies v. SchutteSupreme Court of the United States · 1881
- Van Valkenburgh v. City of MilwaukeeWisconsin Supreme Court · 1878
- Walsh v. Board of EducationSupreme Court of New Jersey · 1906