United States v. Welch
217 U.S. 333 (1910)

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U.S. Supreme Court

United States v. Welch, 217 U.S. 333 (1910)

United States v. Welch

No. 147

Argued April 11, 1910

Decided April 25, 1910

217 U.S. 333

Syllabus

A private right of way is an easement and is land, and it destruction for public purposes is a taking for which the owner of the dominant estate to which it is attached is entitled to compensation.

The value of an easement cannot be ascertained without reference to the dominant estate to which it is attached. In this case, an award for destruction of a right of way and also for damage to the property to which it was an easement sustained.

The facts are stated in the opinion.

Page 217 U. S. 338

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