(Download) "State Et Al. v. Hoblitt Et Al." by Supreme Court of Montana " eBook PDF Kindle ePub Free
eBook details
- Title: State Et Al. v. Hoblitt Et Al.
- Author : Supreme Court of Montana
- Release Date : January 19, 1930
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Eminent Domain ? State Highways ? Damages Recoverable for Taking of Farm Lands ? Manner of Determining "Actual Value" ? State Highway Commission ? Powers ? Instructions ? Harmless Error. Eminent Domain ? Damages Recoverable for Farm Land Taken for Highway Purposes. 1. While ordinarily damages for the taking of land for highway purposes may be awarded for injury done to the particular lot or tract of land from which the right of way strip is taken regardless of what other lands the owner may possess, where a small tract from which the strip is sought to be taken is isolated from a ranch proper by a railroad but used for the pasturing of dairy cows, milked upon the ranch, the additional inconvenience and danger in the use of the pasture by the construction of a highway on which automobiles are constantly passing may be considered as an item of damages, as may also the construction of a fence along the highway to maintain the enclosure. Same ? State Highway Commission Without Power to Vacate Existing Highways. 2. The power conferred upon the state highway commission to establish and construct highways does not include the power to vacate them, that power being lodged in the board of county commissioners. Same ? Owner of Land Abutting Country Highway not Entitled to Damages for Discontinuance of Existing Highway. 3. The owner of land abutting on a country highway, as distinguished from a city street, has no property or other vested right in the continuance of it as a highway, and may not claim damages for its discontinuance, caused by the laying out of a new road by the highway commission, for inconvenience caused to the owner in marketing his farm products, for diverting traffic from his door, diminishing his trade and thus depreciating the value of his land. Same ? Measure of Compensation for Land Taken ? "Actual Value" is Market Value. 4. The "actual value" which under section 9945, Revised Codes 1921, shall be the measure of compensation for land taken under the power of eminent domain, is the price which would in all probability result from fair negotiation, where the seller is willing to sell and the buyer desires to buy, ? the market value. - Page 404 Same ? Damages ? Speculative Uses of Land or Remote Possibilities not to be Considered. 5. The owner of land sought to be condemned has the right to obtain its market value, based upon its availability for the most valuable purpose for which it can be used, whether so used or not, and since under section 9945, above, the market value at the date of the summons controls, the land must be shown to have been marketable for the purpose stated at that time; the showing must be that the use is one to which the land may reasonably be applied; speculative uses, remote and conjectural possibilities, such as that farm lands might be platted into town lots, or as to what they would bring if certain fruit-trees were planted thereon, are not to be taken into consideration. Same ? Test for Determining Market Value of Land Taken. 6. The test for determining the market value of land sought to be acquired by condemnation is, What is its value for any commercial use in the immediate present, or in reasonable anticipation in the near future? Same ? Erroneous Instruction Relative to Damages Recoverable Held Non-prejudicial Under Circumstances. 7. Held, that an instruction limiting damages recoverable for the taking of farm land for highway purposes to a use for which the evidence showed there was reasonable expectation of a demand "in the immediate future" was not fatally erroneous when taken in connection with other instructions and in view of the fact that the jury awarded damages which fell but little short of the highest value per acre placed on the land by any witness.
 "State Et Al. v. Hoblitt Et Al." by Supreme Court of Montana " eBook PDF Kindle ePub Free){kind=link}