186 Ind. 88 | Ind. | 1907
This is an appeal from an interlocutory order appointing appraisers in a condemnation suit brought by appellee company to appropriate certain real estate belonging to appellants for the use of appellee company in elevating its tracks in the city of Indianapolis in obedience to and in conformity with an order of the board of public works of that city.
The complaint shows that the land described and sought to be appropriated is necessary to furnish appellee with a right of way to enable it to connect its
Appellant asserts that the act of 1861, to which reference has been made, does not confer the right of eminent domain upon foreign corporations under any circumstances or conditions; but that the act contemplates the formation of a new domestic corporation by purchasers under a foreclosure sale of railroad property, and that the power is conferred only upon such corporation when so organized. The construction placed upon the act by appellant would be justified if only the first and second sections were considered, but the third section goes further and provides that the same powers are conferred upon railroad companies incorporated under the laws of an adjoining state, where such company becomes vested with the title to railroad property located partly within this State and partly in the state in which such company was incorporated. It is undoubtedly the law as claimed by appellant, that a corporation seeking to exercise the sovereign power of eminent domain in this State must show as a prerequisite that such power has been conferred upon it by a statute of this State. Morrison v. Indianapolis, etc., R. Co. (1905), 166 Ind. 511, 76 N. E. 961, 77 N. E. 744, 9 Ann. Cas. 587. The court has no disposition to relax the rule as stated; but the
In view of the conclusion reached on the principal question involved on this appeal, the questions sought .to be presented with reference to the erroneous admission of evidence becomes unimportant. Judgment affirmed.
Note.—Reported in 115 N. E. 50. Eminent domain: power of a foreign corporation to exercise right, Ann. Cas. 1915 C 929, 15 Cyc 574; what public uses justify the exercise of the right, 22 Am. Dec. 686.