Columbus, Newark & Zanesville Elec. Ry. v. Nelson

Citations

• 22 Ohio C.C. Dec. 431

Syllabus

<p>CANALS — PARKS—STATE.</p> <p>1. Fee to Land Used for Canal Reservoir Becomes Appropriated by State’s Occupation, Regardless of Owner’s Failure to Obtain Compensation.</p> <p>A reservoir used as a feeder for an Ohio canal became a part of the canal system of the state, and the occupation of the land by the state for such a purpose amounted to an appropriation of the land, the fee simple title passing to the state regardless of failure on the part of the owner to make application for compensation therefor.</p> <p>2. Land does not Revert by Abandonment of Canal.</p> <p>The abandonment of a canal does not cause the title to the land belonging thereto to revert to the original owners, their heirs or devisees, but the title remains in the state until granted out by proper conveyance.</p> <p>3. Banks of Canal Belong to State, Abutter’s Use is by Sufferance Only. ■</p> <p>The banks of a canal, and of its feeders and reservoirs, constituted a necessary part of the canal, and in the absence of an agreement to the contrary formed a part of the original appropriation by the state; and the continued use of this land to the water’s edge by the abutting owners was not a matter of right, but of sufferance on the part of the state.</p> <p>4. Extent of Land Banks of CIanal Reservoir Comprise Storage Level and Right of Way Around.</p> <p>The appropriation of land for the banks of a canal reservoir included a space of a sufficient -width to hold the waters up to the storage level and protect surrounding 'property and afford the agents of the state a right of way over and around the property for purposes of maintenance.</p> <p>5. State Board of Public Works cannot Lease, for Building Purposes, Bank of Canal Reservoir Devoted to Public Park Purposes.</p> <p>The general assembly having set apart the Licking reservoir as a public park and pleasure resort for the people of the state generally, the state board of public works is without authority to grant a lease of its banks for building