94 Neb. 736 | Neb. | 1913
Appeal from a judgment of the district court for Sioux county awarding the plaintiff certain damages alleged to have been sustained by him as a landoAvner for the establishment of two county roads by the commissioners of said county.
It appears that in July, 1906, the county board of Sioux county established a highway, called the Heeker road, on the section line between sections 25 and 26, township 30. range 55 west. This road divides the land of Mr. Rule so as to segregate the southwest quarter of section 25 from the remaining three quarters of his farm, and appropriates six acres of his land. At or about the same time the commissioners established another road on the section line between sections 26 and 30 of said township and range, which segregated plaintiff’s farm from a tract of land AArhich plaintiff’s son had filed on as a homestead prior to his death, AAdiich occurred before he had made any improvement thereon. Plaintiff claimed damages to this tract of land, as Avell as to his own farm, for the opening of the highAvay, which is designated as the Trowbridge road. Plaintiff filed his claims for damages, Avhich were disalloAved by the county board, and on an appeal to the district court a jury awarded him a verdict for $139. Judgment was rendered on the verdict, and plaintiff has appealed. The county has also filed a cross-appeal.
As we view the testimony, it was so conflicting that we are not inclined to disturb the verdict, for it would seem that the amount awarded the plaintiff was a fair measure of the damages actually sustained by him.
On the cross-appeal of the county, it is contended that the act of congress of 1866, granting the right of way over public lands, having been accepted by the legislature of Nebraska, plaintiff is not entitled to any damages for the opening of the section-line roads in question. As was said in Scott’s Bluff County v. Tri-State Land Co., 93 Neb. 805, “This statute (meaning the statute accepting the grant) dispenses with formal, preliminary proceedings in the opening of highways on section lines, but preserves the landowner’s right to compensation for property taken or injured. Scace v. Wayne County, 72 Neb. 162; Barry v. Deloughrey, 47 Neb. 354.” The grant in question is limited by the proviso contained in the act of acceptance, that “any damages claimed by reason of the opening of .any such road shall be appraised and allowed, as nearly as practicable, in manner hereinbefore provided.” The enactments to which the proviso refers provide a .method of compensating an owner for land taken or damaged for highway purposes. Comp. St. 1905, ch. 78, secs. 18-29. The word “owner” as used in the statute applies to all persons having an interest in the estate taken or damaged.
It has been consistently held by this court that the right, of damages for the dedicating of land for section-line roads is given to the owner by the act above quoted, and we adhere to our former decisions upon this question.
The judgment of the district court is
Affirmed.