Cincinnati, Lebanon & Northern Railway Co. v. City of Cincinnati

Citations

• 16 Ohio N.P. (n.s.) 587
• 1914 Ohio Misc. LEXIS 130

Syllabus

<p>Eminent Domain — Strip Taken by Railway Company Across Land Acquired by the Municipality for Park Purposes — Damages to the Residue.</p> <p>1. A strip of land leased by a municipality to a railway company for a term of years-for occupation by its tracks, does not thereby become a parcel carved out of an entire tract, but remains a part of the original tract subject to the incumbrance of the lease, and upon appropriation of the strip by the railway company, subsequent to the expiration of the lease, the city may recover damages to the residue.</p> <p>2. Damages to the -residue may be recovered either in an action to compel an appropriation under the statute or one brought to appropriate.</p>