Barger v. Chesapeake & O. N. Ry.

Citations

• 30 Ohio C.C. Dec. 61
• 28 Ohio C.C. (n.s.) 92

Syllabus

<p>EMINENT DOMAIN.</p> <p>Walters, Sayre and Allread, JJ.</p> <p>Judge Allread of the second district sitting in place of Judge Middleton.</p> <p>Proof of Incorporation of Railway Company of Sister State Required as Prerequisite to Exercising Right of Eminent Domain.</p> <p>A railway company, incorporated under the laws of another state s and seeking to exercise the right of eminent domain in this state, ‘ has at the preliminary hearing the burden of proving by a preponderance of the evidence:</p> <p>(1) Its incorporation in accordance with the laws of the state of its domicile.</p> <p>(2) That those whose names appear as stockholders are stockholders in good faith.</p> <p>(3) That it has organized a board of directors and said board has met and organized.</p> <p>(4) That it is a de jure corporation, vested with the power of eminent domain in the state of its creation.</p> <p>(5) That it is unable to agree with the owner of the land in question as to the compensation to be paid therefor.</p> <p>(6) That a necessity exists for appropriation of the land for railway purposes, and that its board of directors has so declared.</p> <p>[Syllabus by the court.]</p>