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EXTENT OF AUTHORITY TO CONDEMN.
SECTION 48. Authority to condemn not presumed.
49. Extent of interest condemned.
50. A fee may be condemned.
61. Fee in public roads and streets.
52. Minerals in land taken for street.
53. Timber and grass in highways.
54. Materials and buildings in highway.
55. Public use of a highway - Construction of sewers, drains, mar-
56. Use of highway by adjoining owner.
57. Cessation of public use — Reversion to owner.
58. Power exhausted by one exercise – Limitations as to time and
59. Necessary and convenient buildings — Maintenance - Repairs —
Side tracks, telegraph lines, etc.
OF DELEGATION OF THE POWER OF EMINENT DOMAIN.
SECTION 60. The power may be delegated — Delegation to engineers — Con-
61. Delegation to corporations.
62. Discretion to be exercised — Selection of route.
63. Condemnation by corporation after sale or lease of its prop-
erty - Rights of vendee.
64. Immunity of officers engaged in condemnation from actions of
OF THE INTERESTS AND OWNERSHIPS WHICH MAY BE
AFFECTED BY CONDEMNATION.
SECTION 65. What persons are considered "owners."
66. Vendor and vendee - Change of title.
67. Change of title by death - Claims of heirs and administrators.
68. Landlord and tenant.
SECTION 70. Landlord and tenant- Rebuilding when part of leased buildings
71. Dower interest - Separate property of wife — Homestead.
73. Joint interests — Tenants for life — Remainder-men — Residuary
74. Rights of holders of encumbrances and liens — Judgment-liens.
75. Legal and equitable titles — Trustees and cestuis que trust.
Receivers — Guardians.
76. Unknown owners — Conflicting claims – Payment into court.
77. Duty of condemning party to ascertain ownership of property
OF THE RIGHTS OF RIPARIAN OWNERS.
SECTION 78. Interference with tide-waters.
79. Rights of riparian owners.
80. Improvement of navigable rivers.
81. Diversion of streams — Improvement of streams not navigable.
82. Rights between low and high water-mark.
83. Rights of owners on lakes and great ponds.
OF THE REMEDIES PROVIDED BY THE STATE AND OPEN
TO THE OWNER.
SECTION 84 Remedy to be provided by the legislature.
85. The assessment of damages under judicial control.
86. Disqualification of court on account of interest.
87. Statutory remedy is exclusive.
88. Where the statutory remedy is not complete, the common-law
89. The initiative in proceedings — Where the condemning party
alone may institute proceedings — Where the owner alone
may institute - Where either party may institute.
90. Remedy of owner, where condemning party does not follow stat-
91. Not necessary that the assessment should be by a jury.
92. Rules governing proceedings — Open and close — Change of
- References — Due process of law.
93. Effect of subsequent legislation on proceedings - Reversal of
OF NOTICE OF PROCEEDINGS.
SECTION 94. Notice not absolutely necessary.
95. Notice generally required, to give jurisdiction.
96. Necessity of notice inferred from provisions of the statute.
97. Appearance — Waiver of notice.
98. Notice by publication and by posting.
99. Reasonable notice.
100. What the notice should contain.
101 Return of service of notices.
102. New notice of new proceedings.
103. Notice to known, owners.
104. Notice to unknown owners.
OF THE NECESSITY OF EFFORTS TO AGREE ON COMPEN-
SATION, AND OF CONTRACTS BETWEEN THE PARTIES.
SECTION 105. Property should be purchased.
106. Tender of amount of damages.
107. The effort to agree should appear affirmatively on the record.
108. Election not to agree — Inability to agree.
109. Waiver of agreement.
110. Contracts for rights of way.
111. Relinquishment of damages — Licenses to owners - Licenses
granted by owner.
112. Reservations to owner Easements not to be granted in lieu of
damages, against the will of owner.
113. How contracts are to be enforced — Damages for breaches of
114. Construction of contracts.
DESCRIPTION OF PROPERTY TO BE TAKEN.
SECTION 115. Certainty of description required.
116. Filing survey.
118. Map need not show whole road, or entire tracts of land.
119. Quality of land — Improvements.
120. Exemption of dwelling-houses from condemnation – Dwelling- SECTION 121. Exemption of gardens, yards, orchards, and manufactories from
122. Variation of location and occupation.
123. Necessary materials.
OF THE TIME AND MANNER OF MAKING COMPENSATION.
SECTION 124. Early doctrine that compensation need not precede taking.
125. Public ronds under proprietary governments — Roads on wild
126. Distinction between a taking by the state or a municipal sub-
division and a taking by private corporations.
127. Prepayment of damages which cannot be estimated — Impera-
128. Statutes or charters failing to provide compensation do not
authorize the exercise of eminent domain.
129. Preliminary occupation.
130. Payment a condition precedent to entry.
131. Judgment not compensation.
132. Right to sue not compensation.
133. Consideration of public welfare not compensation.
134. Consent of authorities cannot affect the payment of damages.
135. Compensation in money – Just compensation.
136. Bond to secure damages — Bond pending appeal
137. Entry pending appeal.
138. Deposit pending an appeal.
139. Tender pending an appeal.
140. Waiver of prepayment by allowing entry to be made.
141. Continued assent to use.
142. Where original entry is lawful — Delay in perfecting title.
143. Acquiescence not a waiver of damages.
144. Lien on land for compensation - Change of corporations —
Subsequent purchaser of franchise.
145. Refusal of officers to pay compensation assessed.
146. Payment to wrong claimant.
147. Refusal to take money — Failure to claim.
148. Ownership of improvements made during unlawful occupation.
OF BENEFITS AS AN ELEMENT OF COMPENSATION.
SECTION 149. Power to deduct benefits from compensation.
150. Classes of benefits.
SECTION 152. Benefits allowed in reduction of damages must be direct and
153. General benefits not to be considered.
154. Benefit to railroad of establishment of a highway.
155. From what time shall benefits be calculated.
156. Privilege of giving up entire lot and escaping assessment.
157. Where use of property is limited — Increase of business — Ex-
158. Setting off benefits against disadvantages.
OF THE NATURE AND AMOUNT OF DAMAGES.
SECTION 159. Adequacy of damages.
160. Title a proper subject of inquiry in determining damages.
161. Condemning party cannot dispute title.
162. Direct damages — Disadvantages.
163. Exposure ti fire.
164. Jury or commissioners to determine the damages.
165. Testimony as to the amount of damages.
166. Effect of taking a part on the land left.
167. Damage to tract -Extent of tract — Separate blocks.
168. Market value.
169. Expert witnesses.
170. Sales of similar property.
171. Rents of similar property.
172. Evidence of assessment for taxation - Of commissioners' re-
port - Admissions of owner.
173. Value not estimated solely from present use.
174. Assessment should be of the value at the time of taking.
175. Interest on award.
176. Interference with use before taking.
177. Interference with use during construction - Loss of profits.
178. On a taking subsequent to the improvement.
179. Taking part of a railroad.
180. Plan of proposed improvement.
OF DAMAGES CONSIDERED CONSEQUENTIAL.
SECTION 181. Consequential injury to private property.
182. Legislative authority does not preclude claim for damages —
Private inconveniences for the general good.
183. Injury to individual where no land is taken.