West Virginia, Railroad v. Gibson
Court of Appeals of Kentucky
Case 35 — APPEAL TO CIRCUIT COURT — The measure of recovery is the market value of the land at the time it was taken without reference to uses to which it might be put in future, and without reference to its peculiar value for railroad purposes.
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Case 35 — APPEAL TO CIRCUIT COURT — The measure of recovery is the market value of the land at the time it was taken without reference to uses to which it might be put in future, and without reference to its peculiar value for railroad purposes. (Henderson, &c,, R. Go. v. Dickerson, 17 B. M., ¡78; Elizabethtown, c&c., R. Co v. Helm,-8 Bush, 684; Robb v. Mt Sterling Turnpike Co., 3 Met., 117, Lewis on Eminent Domain, sec. 478 and notes.) 1. It was proper to consider the value of the land not only with ref. rence to the uses to which it had been applied, but with reference to the uses to which…
1Opinion of the CourtChief Justice Bennett
The appellant sought by this action to condemn a strip of land along the bank of the Cumberland river, and near the town of Pineville, Ky., and immediately at the foot of the mountain, for its railroad track. The trial, on appeal to the circuit court, resulted in a verdict and judgment estimating the value of about five and one-half acres of land condemned, at over twelve thousand dollars. The appellant has appealed.
The rule, according to the cases of Asher v. L. & N. R. Co., 87 Ky., 391, and L. & N. R. Co. v. Ingram, MS. opinion, October 14, 1890 (12 Ky. Law Rep., 456), is: That just…
2Cases cited2 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Asher v. L. & N. R. R.Court of Appeals of Kentucky · 1888
3Cited by17 opinions
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- Broadway Coal Mining Co. v. SmithCourt of Appeals of Kentucky · 1910
- Producers' Wood Preserving Co. v. Commissioners of SewerageCourt of Appeals of Kentucky (pre-1976) · 1928
- Sandy Valley & Elkhorn Railway Co. v. BentleyCourt of Appeals of Kentucky · 1914
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