Sigafoos v. Talbot
Supreme Court of Iowa
Appeal from Powesheik District Court. County road : appeal, etc. — A county road was petitioned for through the plaintiff’s land; and in-due form and time he filed his petition for damages, claiming $500. Thereupon the board of supervisors appointed appraisers, who assessed his damages at thirty dollars, and made due report to the board.
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Appeal from Powesheik District Court. County road : appeal, etc. — A county road was petitioned for through the plaintiff’s land; and in-due form and time he filed his petition for damages, claiming $500. Thereupon the board of supervisors appointed appraisers, who assessed his damages at thirty dollars, and made due report to the board. Subsequently to the filing of this report, the board of supervisors made an order “ establishing the road,” and also an order “ that before the road should be opened, that tbe petitioners for tbe road be required to pay the assessed damages on the said road,…
1Opinion of the Court
Dillon, Ch. J.
Highway: euporviaors: appeal. Where damages have been claimed in time, and the board establishes the road, it is settled that the land owner may appeal to the District Court, and on that appeal have the question as to the amount of damages- to which he is entitled tried by a jury. Umbarger v. Bean, 15 Iowa, 256; Prosser v. Wapello Co., 18 id. 327; City of Des Moines v. Layman, 21 id. 153.
In such a case, the Constitution, in my opinion, gives the land owner a right to have his damages assessed by a jury; the appraisers are not such a jury as the Constitution contemplates; in…
2Cases cited1 opinion
- Umbarger v. BeanSupreme Court of Iowa · 1863
3Cited by3 opinions
- Myers v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1902
- In re BradleySupreme Court of Iowa · 1899
- Cahill v. Cedar County, IowaDistrict Court, N.D. Iowa · 1973