Newton v. Manufacturers' Ry. Co.

Citations

• 115 F. 781
• 14 Ohio F. Dec. 156
• 1902 U.S. App. LEXIS 4248

Syllabus

<p>L Eminent Domain — Title Acquired by Condemnation Proceedings — Laws of Ohio.</p> <p>The appropriation of land by a city for park purposes through condemnation proceedings, as provided by Rev. St. Ohio § 2515-28, does not vest the city with the fee, but the estate taken is limited to an easement for the purposes intended, and on the abandonment of such easement the land reverts to the owner from whom it was acquired or his successor in title.1</p> <p>Í. Same — Reversion—Abandonment of Easement.</p> <p>The condemnation of right of way for a railroad over lands previously condemned by a city for park purposes does not effect an abandonment by the city of its easement so as to work a reversion of the land to the owner of the fee.</p> <p>t. Same — Right to Compensation — Owner of Naked Fee.</p> <p>The owner of the fee to lands, an easement in which has been ac. quired by a city for park purposes through condemnation proceedings, on the condemnation by the city of right of way for a railroad across the lands may maintain an action against the railroad company to recover compensation for the additional burden imposed upon his land by the new easement, and such damage, if any, as may result from the new use.</p>