Vinegar Bend Lumber Co. v. Oak Grove & Georgetown Railroad

Citations

• 89 Miss. 84
• 43 So. 292

Syllabus

<p>1. Eminent Domain. Special court. Jurisdiction.</p> <p>The special court of eminent domain created by Code 1892, ch. 40 (Code 1906, ch. 43), providing for the enforcement of the right of eminent domain, is only authorized to determine the amount of damages to be awarded defendant and has no jurisdiction to determine the question of the right of the plaintiff to condemn land.</p> <p>2. Same. Appeal.</p> <p>Upon appeal to the circuit court from the judgment of a special eminent domain court, the circuit court, although the trial is de novo, has no more jurisdiction than the special eminent domain court.</p> <p>3. Same. Legislative poioer. Oonst. 1890, see. 17. Statutes constitutional.</p> <p>It is competent for the legislature to create a special tribunal for the enforcement of the right of eminent domain without giving ' it jurisdiction to determine the question of the right of the plaintiff to condemn land, since the right guaranteed by the constitution of 1890, sec. 17, declaring that the question whether the contemplated use for which it is proposed to' condemn private property is a public use shall be a judicial question and as such determined without regard to legislative assertion that the use is a public one, may be protected by a suit in equity enjoining the appropriation of the property.</p>