Yazoo & M. V. R. v. Teissier

Citations

• 134 La. 958
• 64 So. 866

Syllabus

<p>(Syllabus by the Court.) '</p> <p>1. Eminent Domain (§ 131*) — Condemnation for Railroad — Compensation — Market Value — Expropriation.</p> <p>In an expropriation suit for railroad purposes the market value of property taken, viewed both with reference to its use at the time, and with reference to the uses to which it is plainly adapted, will be considered in fixing the value of the land. Dillon on Municipal Cor., vol. 2, p. 617.</p> <p>[Ed. Note. — For other cases, see Eminent Domain, Cent. Dig. § 353; Dec. Dig. § 131.*]</p> <p>2. Eminent Domain (§ 134*) — Condemnation for Railroad — Compensation—Expropriated.</p> <p>“A ‘strategic value’ might be realized' by a price fixed by the necessities of one person buying from another, free to sell or refuse as the price suited. But in a condemnation proceeding the value of the property to the government for its particular use is not a criterion. The owner must be compensated for what has been taken from him, but this is done when he -is paid its fair market value for all available uses and purposes.” United States v. Chandler-Dunbar Co., 229 U. S. 53, 80, 33 Sup. Ct. 667, 678, 57 L. Ed. 1063.</p> <p>[Ed. Note. — For other cases, see Eminent Domain, Cent. Dig. § 356; Dee. Dig. § 134.*]</p> <p>3. Eminent Domain (§ 134*) — Condemnation for Railroad — Compensation—Adaptability — Expropriation.</p> <p>Compensation cannot be recovered for the “adaptability” of a strip of land expropriated by a railroad company, where such strip is like the other land on a plantation, and is not a high ridge running through a swampy place, or is more level than other places, or has some special and material advantage for the purpose to which it is to be put. Boom Co. v. Patterson, 98 U. S. 403, 25 L. Ed. 206.</p> <p>[Ed. Note. — For other cases, see Eminent Domain, Cent. Dig. § 356; Dec. Dig. § 134.*]</p> <p>4. Eminent Domain (§ 205*) — Condemnation for Railroad — Damages — Division of Land — Expropriation.</p> <p>In the absence of a prepondera