San Bernardino & Eastern Railway Co. v. Haven

Citations

• 94 Cal. 489
• 29 P. 875
• 1892 Cal. LEXIS 713

Syllabus

<p>Eminent Domain — Compensation — Evidence—Benefit from Railroad. — In an action to condemn a right of way for the proposed use of a railway corporation, it is incompetent to show that oranges would bring a better price by reason of the railroad being there, or that the value of the crop is dependent on the market, and its accessibility thereto, or that the accessibility of the produce of the land to the market, by reason of the construction of the road, would prevent any depreciation in its value.</p> <p>Id.—Construction of Constitution — Benefits to Land not Taken.— Section 14 of article 1. of the state constitution, providing for compensation for property taken for public use by a private corporation, “irrespective of any benefit from any improvement proposed by such corporation, ” is not limited to the land taken for a right of way by a railroad corporation, but has reference also to benefits which may accrue to the land not taken, and the amount of damages to the portion of the land of the defendants not condemned must be fixed, irrespective of any benefit which may result to defendants from the proposed railroad.</p> <p>Id.—Increased Cost of Irrigation — Uncultivated Land.—The increased cost of irrigating uncultivated land which is shown to be adapted for cultivation, and to require irrigation, which would be caused by the building of the railroad through the land involved, is a legitimate subject of inquiry, for the purpose of ascertaining the damage sustained by the owner.</p>