Sloan v. Hoyt

Citations

• 40 Pa. Super. 181
• 1909 Pa. Super. LEXIS 587

Syllabus

<p>Railroads — Eminent domain — Location of road — Death of owner — Distribution of fund — Real or personal property.</p> <p>1. Where a railroad company directs a survey of land to be made for railroad purposes, and the survey and location is regularly adopted by the board of directors, and subsequently, but before a bond is filed, the owner of the land dies intestate, the damages awarded for the taking of the land are to be distributed as personal property and not as real estate.</p> <p>2. In such a case the act of location is at the same time the act of appropriation. The' space covered by the line as located, is thereby seized and appropriated to the purposes of construction and operation of the railroad by virtue of the power of eminent domain, and nothing remains to be done except to compensate the owner. The proceedings subsequent to the death of the owner are simply to ascertain the amount of money the railroad company is to pay, and the persons entitled thereto.</p>