California Pacific R.R. v. Armstrong

Citations

• 46 Cal. 85

Syllabus

<p>Land Condemned fob Railroad Purposes. — If a railroad company, under proceedings for condemnation, enters on the land under an order of the County Judge, and constructs its road across a tract of land in such manner that it is imbedded in the soil and becomes a part of the realty, and if the proceedings are dismissed and new proceedings for the condemnation of the land are commenced, the owner is not entitled to have the value of the ties and iron constituting the track included in his damages upon the final condemnation.</p> <p>Assessment of Benefits in Taking Land fob a Railboad. — If a part of a tract of land is taken for a railroad, and that part of the tract not taken is enhanced in value by the construction of the railroad, but receives no special benefits over other lands in the vicinity, and this enhancement in value is common to the contiguous lands, it is a benefit which is to be de. ducted from the injury caused to that part of the tract not taken.</p>