155 P. 1192 | Or. | 1916
delivered the opinion of the court.
“Whatever of peculiar or especial benefit might accrue or result to the lands of the party claiming damages may be offset, but remote or speculative benefits*521 in anticipation of a rise in property for town-site purposes, or, generally, by reason of the proposed opening of a highway, construction of a railroad, or other improvements, cannot be considered. Such benefits are the common privilege of all the individuals of the community, and one cannot be permitted to profit by it more than another.”
Counsel for plaintiff argues that since defendant is the owner of Easlmoreland and Westmoreland additions and the tract of land traversed is more than a mile in length, there is no community to be helped, and that therefore the benefits of increased transportation facilities are peculiar to its land. As to this contention it would be sufficient to remark that the evidence discloses that large portions of both additions have been sold. In addition to this fact, however, we may say that any benefit accruing to defendant thereby which is greater than that of its more remote neighbors is merely a question of degree rather than class. In the case of Washburn et al. v. Milwaukee & L. W. R. Co., 59 Wis. 364 (18 N. W. 328), the court says:
“The location of a depot at a given point is a general public benefit, although, as in the case of any general benefit created by public improvements, one citizen may be more directly and largely benefited than another. * * That statute provides only for the allowance of special benefits in such cases, and such is not the character of the benefit under consideration. It would seem that a benefit which may thus be allowed is one which enhances the value of the land affected by it, by improving its physical condition and adaptability for use; such as by reclaiming waste land, by draining or flowing a marsh, by aiding in the development of a water power, by dispensing with the necessity of maintaining fences, or by opening a mine or quarry, and the like. We are unable to conceive of any other kind of benefits which are not general benefits as well, and hence outside the statute.”
Reversed and Remanded.