183 Ind. 33 | Ind. | 1914
Section 97 of said act (Acts 1905 p. 219, §8700 Burns 1914), provides for the steps to be taken by the board of works in condemning real estate for laying out streets, etc. The following sections, §§98 and 99 (Acts 1905 p. 219, §§8701, 8702 Burns 1914), provide for the preparation of an assessment roll, and the assessment of benefits and damages caused by the proposed appropriation. Section 105 of the act (Acts 1905 p. 219, §8708 Burns 1914), provides that no more than $2,000 in damages shall be paid out of the city funds for any condemnation except pursuant to an ordinance appropriating for the specific condemnation.
Appellee’s theory, in which the trial court evidently concurred, was that where the board contemplates the condeinna
The court erred in overruling appellants’ demurrer to the amended complaint. Judgment reversed with instructions to sustain the demurrer.
Note. — Reported in 107 N. E. 274. As to what is taking property for a public use, see 16 Am. St. 610. See, also, under (1) 11 Cyc. 817; (2) 3 Cyc. 139; 2 Cyc. 1013; (3) 31 Cyc. 464; (4) 15 Cyc. 987.