45 Iowa 275 | Iowa | 1876
The-city of Oskaloosa was incorporated under the general incorporation law, chapter 51, Revision of 1860. Section 1064 of the Revision confers upon any municipal corporation organized under the provisions of that chapter power to lay off, open,'widen, straighten or to narrow "or vacate streets, alleys, public grounds, wharves, landing places and market places. This section clearly confers upon the city the power exercised in this case; and for an exercise of this legal right the city cannot be made to respond in damages. We have held that the vacation of a highway does not take from an individual residing thereon his property either for public or private use, and that he cannot recover damages therefor,' although he may sustain inconvenience and loss therefrom. Brady v. Shinkle, 40 Iowa, 576; Ellsworth v. Chickasaw County, Id., 571. In Pettingill v. Devin, 35 Iowa, 344, the city charter provided for compensation whenever property was injured by the vacation of a street.
Affirmed.