Stafford v. City of Providence
Supreme Court of Rhode Island
Petition for a determination of the value of the lands of the petitioners, taken by tbe water commissioners of the city of Providence, under tbe provisions of chapter 640 of tbe Statutes. Tbe petition alleged that tbe petitioners bad not agreed with tbe city or with tbe water commissioners upon tbe price to be paid for their lands so taken, and prayed that tbe same might be determined as provided for by said chapter 640 of tbe Statutes.
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Petition for a determination of the value of the lands of the petitioners, taken by tbe water commissioners of the city of Providence, under tbe provisions of chapter 640 of tbe Statutes. Tbe petition alleged that tbe petitioners bad not agreed with tbe city or with tbe water commissioners upon tbe price to be paid for their lands so taken, and prayed that tbe same might be determined as provided for by said chapter 640 of tbe Statutes. In accordance with tbe statute, appraisers were appointed by tbe court, who made an award appraising tbe entire damages to tbe lands of tbe petitioners at…
1Opinion of the Court
Bradley Parkhurst, for the defendant, in support of the motion. I. Land taken for public use should be appraised at its value, independent of the effect upon it of the proposal to take it for such purposes, and also independent of the effect upon it caused by taking adjacent land for the same purpose. Cooley's Const. Lim. 565; Giesy v. C.W. Z.R.R. Co. 4 Ohio State, 308; Pacific R.R. Co. v. Chrystal, 25 Mo. 544; Woodfolk v.Nashville R.R. Co. 2 Swan, 422; Alabama Florida R.R. Co. v. Burkett, 42 Ala. 83; Parks v. Boston, 13 Pick. 198;Henry v. Dubuque R.R. Co. 2 Iowa, 288; Troy Boston R.R.Co. v.…
2Cases cited10 opinions
- Troy & Boston Railroad v. LeeNew York Supreme Court · 1852
- Isom v. Mississippi Central RailroadMississippi Supreme Court · 1858
- Henry v. Dubuque & Pacific RailroadSupreme Court of Iowa · 1855
- Alabama & Florida R. R. v. BurkettSupreme Court of Alabama · 1868
- Pacific Railroad v. ChrystalSupreme Court of Missouri · 1857
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- Weber Basin Water Conservancy District v. WardUtah Supreme Court · 1959
- Salem Country Club, Inc. v. Peabody Redevelopment AuthorityMassachusetts Appeals Court · 1986
- R.I.H. Tr. Co., Tr. v. Prov. C.C. H'se Com.Supreme Court of Rhode Island · 1932