Louisville & Nashville Railroad v. City of Cincinnati

Citations

• 76 Ohio St. (N.S.) 481

Syllabus

<p>Public streets and grounds are held in trust for the public — Subject to rights of abutting owners — Under control of legislative power of state — Municipal authorities may grant right of way to railroads', when — Sections 3283, 3337-1, 3337-17» and 3337-176, Revised Statutes, construed — Rights of eminent domain — Ordinance of Cincinnati council as to right of ivay for L. & N. railroad — Passed November 7, 1904, and amended August 28, 1905, is void — Municipal law.</p> <p>1. Public streets, squares, landings and grounds are held in trust for the public, and being so held they, are, for the use for which they were dedicated or acquired and subject to the property rights of the abutting owners, under the absolute control of the legislative power of the state. In this state the care, supervision and control of public highways, streets and grounds in cities is delegated to the council; but, notwithstanding this delegation of general power over them, the state, now and since 1852, has in'express terms delegated to cities the power to grant to railroad companies the right to occupy or incumber and use them, or in express terms has‘made the right subject to agreement with the municipal authorities as -to the manner in which they are to be occupied, so that the general power of care, supervision and control, that has been delegated to cities,does not carry with it the power to'grant such right. . ;</p> <p>2. Neither Sections 3283, 3337-1, 3337-170, 3337-17&, nor the act entitled: “An act to provide how railroad and highway crossings may be constructed,” 97 Ohio Laws, 546, authorize, a municipality to grant to a railroad company the right to • occupy-a public common or landing with an elevated railroad structure.</p> <p>3. It is not in the power of the legislature, unless in the exercise of the power of eminent domain, to authorize property, dedicated to the public for a specific purpose, to be used for a purpose inconsistent with the purpose for which it was dedicated.<