Oregonian Railway Co. v. Hill

Citations

• 9 Or. 377

Syllabus

<p>Railroads — Appropriation of Private Property.</p> <p>Under the constitution of this state the legislature cannot authorize, by any process, a private corporation, such as a railroad, to appropriate the property of an individual without just compensation first assessed and tendered.</p> <p>Compensation for Land Taken.</p> <p>Under our statute the initiative in the exercise of the right of eminent domain lies exclusively with the corporation, and their use of land taken is made dependent upon previous payment of the compensation ascertained by the process given.</p> <p>Statute must be Strictly Pursued.</p> <p>Whenever, in pursuance of any law, the property of an individual is to be divested against his will, there must be a strict compliance with all the provisions of the law authorizing such proceedings.</p> <p>Assessment of Damages — Judgment.</p> <p>It is upon the payment into court of the damages assessed by the jury, ¡that the court is authorized to render judgment appropriating the lands; nor can the court render any other than the particular kind of judgment the statute itself authorizes.</p>