Helmer v. Colorado Southern, N. O. & P. R.

Citations

• 122 La. 141
• 47 So. 443
• 1908 La. LEXIS 421

Syllabus

<p>Eminent Domain (§ 104*) — Damages Recov-ERARLE.</p> <p>Under article 167 of the Constitution of 1898, which provides that “private property shall not be taken nor damaged for public purposes without just and adequate compensation first paid,” the right of recovery includes damages to property caused by noise, smoke, vibrations, etc., incident to the operation of a railroad, which permanently depreciates the value of the property, the amount to be determined by the difference between the market value before the road was built and the market value after-wards.</p> <p>[Ed. Note. — For other cases, see Eminent Domain, Cent. Dig. § 279; Dec. Dig. § 104.*)</p> <p>(Syllabus by the Court.)</p>