Costello v. Burke
Supreme Court of Iowa
Appeal from Dallas Circuit Court. The defendant filed liis petition with the board of -supervisors for the establishment of a highway. Such proceedings were had upon this petition that the establishment of the highway was recommended by a commissioner who was appointed to examine into the expediency of establishing the same.
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Appeal from Dallas Circuit Court. The defendant filed liis petition with the board of -supervisors for the establishment of a highway. Such proceedings were had upon this petition that the establishment of the highway was recommended by a commissioner who was appointed to examine into the expediency of establishing the same. After the commissioner’s report was filed, notice was personally served on plaintiff, requiring all claims for damages on account of the location of the highway to be filed by a day th erein named. Such notice was also published in a newspaper in the county. "Within the…
1Opinion of the CourtReed, J.
I. Highway: damages for lands appropriated for: measure of dependent upon claimant's interest in the land. I. The questions argued by counsel relate to the instructions given, to the effect, First, that plaintiff was not entitled to recover the value of the land appropriated, without proof that he was the owner thereof: and, Second, that the evidence was not . sufficient to establish the ownership or the property. The position of the appellant with reference to the first question is, that the title to the property is not involved in the proceeding; that the proceeding is against the land, and…
2Cases cited1 opinion
- Dunlap v. PulleySupreme Court of Iowa · 1870
3Cited by24 opinions
- Howard v. StateSupreme Court of Arkansas · 1886
- Gano v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1901
- Ross v. LoomisSupreme Court of Iowa · 1884
- Stockley v. CissnaCourt of Appeals for the Sixth Circuit · 1902
- Mohr v. Iowa State Highway CommissionSupreme Court of Iowa · 1963
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