United States v. Welch, 217 U.S. 333 (1910)
U.S. Supreme CourtUnited States v. Welch, 217 U.S. 333 (1910)
United States v. Welch
Argued April 11, 1910
Decided April 25, 1910
217 U.S. 333
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.