BURYING-GROUNDS, public use of, 19. whether or not a nuisance, 6. CANALS, railroad additional burden on, ? 32. water from, cannot be discharged on surrounding land, 190. CATTLE-GUARDS, railroads may be compelled to erect, without compensation, & 7. of opening of road, when required, ¿ 286. COAST SURVEY, not precluded by legislative authority to condemn, 182. preserving rulings of, and evidence produced before, ₹ 239. review of report of; recommitting report of, 241. how to obtain review of report of, & 242. presumptions in favor of regularity of proceedings of, ? 243. irregularity by, in arriving at amount of damages, COMMON, 246. owner of right of, entitled to compensation, 65. COMPENSATION, 244. to be ascertained in the mode provided by the legislature, ? 84. owner cannot be forced to take easements or privileges for, 2 112, 135. time of payment; early doctrine, & 124. for roads under proprietary governments, & 125. for roads on wild lands, 125. fund must be adequate, ¿ 126. statutes and charters failing to provide, void, ¿ 128. must all be paid before entry, judgment not, 131. 130. of property devoted to another public use, ?? 45, 47. legislative authority for, must be express, & 46. under general laws, 47. authority for, not presumed, nor to be extended, 48. second, when sufficient land has not been condemned, ¿ 58. after completion of road, ¿ 58. by corporation after sale or lease of franchise, ¿ 63. CONFLICTING CLAIMS, payment into court of damages, in case of, ¿ 76. CONSEQUENTIAL DAMAGES, early doctrine objected to, 181. where no land is taken, 2 183. what is reasonable use of adjoining property, 184. obstruction of surface-water, ¿? 187, 189. effect of noise, smoke, vibration, etc., 193. CONSTITUTION, clause in Federal, applies to United States government, 348. not recognizing right of compensation, & 1. CONSTRUCTION, of statutes and charters, must recognize right to compensation, & 128. allowing damages for changes of grades, ¿ 197. CONSTRUCTION OF PUBLIC IMPROVEMENTS, liability of public for lack of skill, 2 81. CONTRACTORS FOR PUBLIC WORK, CONTRACTS, impairment of, 8 37. 60. for purchase of land, how construed, ?? 110, 114. for purchase of land, how enforced; damages for breach, 113. CONVENIENCE, of public, how determined, 2 275. CORPORATION, property may be condemned, & 41. use of property of, may be condemned, 8 44. express legislative authority to, & 46. delegation to, of authority to condemn, 22 60, 61. delegation to, of another state, 8 61, 352. must be regularly organized in order to condemn, ? 61. public and private, distinction between taking by, 126. change of, does not relieve from payment of damages, ¿ 144. COSTS, when recoverable, § 335. what, allowed, 336. in discretion of trial court, 337. to prevailing party, ¿ 338. for services of county commissioners, 339. COUNTY COMMISSIONERS, when entitled to compensation for services in condemnation proceedings, COURSE OF ROAD, how described, ? 280. COURT, disqualification of, on account of interest, 86. has supervision over proceedings of commissioners, & 232. nominal, to be respected, & 31. to be assessed in mode provided by legislature, ¿ 84. assessment under judicial control, 2 85. assessment need not be by jury, 91. relinquishment of, how made, & 111. adequacy of, measure of, 159. title to be considered in estimating, 160. must be direct and peculiar to the property, ? 162. exposure to fire from engines, to be considered. & 163. to be estimated by jury or commissioners, 164. effect of taking part of tract on land left, 166. when estimated after the improvement is completed, & 178. plan of improvement may be offered to show damage, 180. all damages considered in assessment, arising after improvement, & 217. unforeseen, how considered, & 217. assessment of, after construction, 218. 216. when plan is changed after assessment, 219. from negligent or tortious acts, not subject of compensation, & 220. while land is unlawfully occupied, ? 221. irregularity in estimating, 244. wrong principle in estimating, 245. error in amount of, how corrected, ? 246. how, determined under mill act, 294. nature of, in condemnation under mill act, 295. annual, allowed under mill act, 299. nature of, under drainage acts, ? 357. DEBT, common-law action proper, when statutory remedy not complete, 88. of "dwelling-houses," when exempted from condemnation, 120. 115. of "due process of law," 92. of "necessary implication," 46. of terms "necessary" and "convenient," 46. of "eminent domain," 1. of term "laying out," 49. DELAY, in proceedings should cause a new assessment, 28 174, 313. in determining whether or not proceedings shall be abandoned, ¿ 313. of eminent domain to individuals and corporations, 60. DEPOSIT, pending appeal, 138. DEPOT GROUNDS, streets across, 46. DESCENT OF PROPERTY, laws regulating, not in exercise of eminent domain, ¿ 9. DESCRIPTION, certainty required in, & 115. quality of land, improvements, how set forth in, & 119. of road, certainty required, & 277. of course of road, how set forth, DESTRUCTION, 280. (See MAPS, SURVEY.) of property to prevent spread of fire, ¿ 5. DISABILITY, statutes governing the same, 5. persons under, limitations do not run against, 345. of separating parts of a tract, houses from roads, etc., 3 166. DISCONTINUANCE OF PUBLIC IMPROVEMENTS, rights of reversion and recovery of compensation paid. 2 317. |