City of Vicksburg v. Herman

Citations

• 72 Miss. 211

Syllabus

<p>1. Municipality. Changing street grade. Compensation to abutter. Const-1800, § 17.</p> <p>Const. 1890, $ 17, declaring that “private property shall not be taken or damaged tor public use except on due compensation being first made to the owner,” etc., embraces within its inhibition municipalities as well as all other persons, natural or artificial; hence a city, by lowering an established grade, according to which abutting lots have been improved, must compensate the owner for all damages sustained thereby.</p> <p>2. Same. Measitre of damages. Full compensation.</p> <p>In such case compensation is not limited to the amount necessarily expended in building a wall to support the lots, but should include all damages, direct and consequential, sustained by the owner.</p>