Louisville, New Orleans & Texas Railroad v. Hopson

Citations

• 73 Miss. 773

Syllabus

<p>1. Railroads. Right of way. Damages of Umclowner. Measure of same.</p> <p>Where, under a charter authorizing a railway company to acquire lands by condemnation and otherwise, and providing for an ascertainment of the value thereof by commissioners appointed by the chancery court, either on its application or that of the landowner, and that the “'commissioners shall appraise in their assessment of damages such premises at what would have been the value thereof had not the road been built,” etc., the company has built its road through certain lands and held and used the portion taken for seven or eight years, without procuring the right of way, it is not error, on the application of the landowner, to estimate the value of the lands as a whole, at the date of his proceeding, diminished by their market value as a plantation, as decreased by the taking of the right of way and the intersection of the place by the road, without deduction on account of any supposed benefit arising from its construction.</p> <p>2. Same.</p> <p>Where, under a charter contemplating that landowners shall be compensated at the time their property is taken for railway purposes, a railway company has entered upon and held and used lands for seven or eight years without procuring a right of way, by condemnation or otherwise, it is not entitled, on the owner’s proceeding for an appraisement of his damages, under the charter, to have them estimated as of the time of th e original taking, and the value of the place’estimated as if the road had no existence.</p>