Opelousas, G. & N. E. R. v. Bradford

Citations

• 118 La. 506
• 43 So. 79
• 1907 La. LEXIS 754

Syllabus

<p>1. Expropriation Proceedings — Appeal-Review — Questions oe Fact.</p> <p>In a railroad expropriation suit, whe're the only questions brought up for review are as to the market value of the land taken, and as to the necessity for the width of the right of way claimed, the verdict of the jury on such issue's will not be disturbed, unless manifestly erroneous.</p> <p>2. Same — Market Valu!e.</p> <p>In expropriation proceedings by a railway company, the criterion of value is the fair market value of the property at the date of the institution of the suit, in view of any and all uses to which it may be applied or adapted, exclusive of any increase in value caused by the construction of the proposed railroad through the property. Market value does not mean speculative value', but the fair value of the property as it stands, between one willing to purchase and one willing to sell.</p> <p>[Ed. Note'. — For cases in point, see Cent. Dig. vol. 18, Eminent Domain, § 353.]</p> <p>(Syllabus by the Court.)</p>