St. Louis, Vandalia & Terre Haute Railroad v. Brown

Citations

• 58 Ill. 61

Syllabus

<p>1. Condemning bight op way, for a railroad—assessment of damages. When the charter of a railroad company provides, that in condemning the right of way over lands of individuals, the commissioners shall view the premises, and estimate the value of the same, and all damages the owner shall sustain or has sustained, by the land having been taken for the road, and the benefit of the road, taking into consideration the advantages and the disadvantages by reason of constructing the road, and the commissioners were also required to value the land and property, and estimate the amount of damages, if any, over and above the benefits which may accrue to the owner: Held, that these provisions did not authorize the commissioners to take into estimation the benefits other lands of the owner, over which the road did not run, would receive.</p> <p>3. When the railroad was located over two forty acre tracts of land owned by the same person, andhe released the right of way over one of the tracts, to the company, it would be error to estimate the benefits that forty would receive by building the road, and deduct the amount from the amount of damages to the other forty acre tract by reason of the construction of the road. The damages and benefits must be confined to each tract separately, and the commissioners should not go beyond it in making their estimates.</p>