Doan v. Cleveland Short Line Ry. Co.

Citations

• 92 Ohio St. (N.S.) 461

Syllabus

<p>Real property — Uniform allotment restrictions — Superseded by power of eminent domain — Acquisition for public purposes— Other lot owners have no damage, claim, when.</p> <p>1. Where an allotter adopts a plan for the improvement of his allotment whereby the use of the lots is restricted exclusively for residence purposes, such restriction cannot be construed as applying to the state or any of its agencies vested with the right of eminent domain in the use of the lots for public purposes.</p> <p>2. Where a company or any agency of the state vested with the right of eminent domain has acquired lots in such an allotment and is using the same for public purposes no claim for damages arises in favor of the owners of the other lots on account of such use.</p>