Oregon Railway Co. v. City of Portland

Citations

• 9 Or. 231

Syllabus

<p>Corporations — Appropriation of Public Property.</p> <p>Under the provisions of the statute, without an agreement with the local authorities, a corporation cannot appropriate a highway or public grounds, already dedicated to a public use, to its exclusive use and occupation.</p> <p>In such case the grant of power to take property appropriated to public uses, cannot be exercised in such a manner as would obstruct or subvert such public uses</p> <p>The appropriation of a public levee by a railroad corporation, for the purpose of erecting thereon permanent structures, such as depot buildings, side tracks, etc., would create such obstructions as would defeat or extinguish the public use, and is not within the grant of power, without an agreement with the local authorities as prescribed by the latter clause of section twenty-eight.</p>