Orleans & Jefferson Railway Co. v. Jefferson & Lake Pontchartrain Railway Co.

Citations

• 51 La. Ann. 1605
• 26 So. 278
• 1899 La. LEXIS 598

Syllabus

<p>Syllabus.</p> <p>1. A corporation regularly organized does not lose its general character as such from the fact that it purchases a street railway franchise from a city through whose streets a portion of its route passes.</p> <p>2. A strip of land part of a larger tract which was acquired by a railroad company by purchase as far back as 1852, which it had at no time used, was not using and in all likelihood would never use for railroad purposes, is impressed with no immunity from the exercise of the power of Eminent Domain. If it is not needed by the owner for public use it is subject to be taken the same as that of any individual. (The Kansas City, Shreveport and Gulf Railway Co. vs. The Vicksburg, Shreveport and Texas Railroad Co., 49th Ann., 129.)</p> <p>In determining wliat a fair compensation shall be to the owner for a right of way for a railroad over his property, the improved condition of the land soughi to be utilized is a proper element in reaching conclusions. The owner is not entitled to recover what it would cost the expropriating company to bring other lands in the neighborhood up to a similar condition of improvement, but he is entitled to a reasonable remuneration in view of its condition having made it specially adapted and ready for railroad purposes. (Postal Company vs. Morgan’s Company, 49th Ann., 60 ; Postal Telegraph Company vs. Louisiana Western Railway Co., 49 Ann., 1271.)</p>