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MCGOVERN V. NEW YORK, 229 U. S. 363 (1913)

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U.S. Supreme Court

McGovern v. New York, 229 U.S. 363 (1913)

McGovern v. New York

No. 15

Argued November 8, 1912

Decided June 9, 1913

229 U.S. 363


Where the state statute requires condemnation Commissioners to determine the just and equitable compensation, any wrong done, so far as amount is concerned, is due not to the statute, but to errors of the court as to evidence or measure of damages.

A judgment by which an owner of condemned property gets less than he ought, and in that sense is deprived of his property, cannot come to this Court on the constitutional question unless there is something more than an ordinary honest mistake of law in the proceedings. Backus v. Fort Street Depot, 169 U. S. 557.

The final judgment of a state court in condemnation proceedings should not be held to violate the due process provision of the Fourteenth Amendment unless the rulings of law prevented the owner from obtaining substantially any compensation. Appleby v. Buffalo, 221 U. S. 524.

Enhanced value of property as a part of a great public work depends upon the whole land necessary being taken therefor. The chance that all the property necessary can be acquired without the exercise of eminent domain is too remote and speculative to be allowed. C., B. & Q. Ry. v. Chicago, 166 U. S. 226.

The owner of property taken in eminent domain proceedings is entitled to be paid only for what is taken as the title stands, Chamber of Commerce v. Boston, 217 U. S. 189; hypothetical possibilities of change cannot be considered. United States v. Chandler-Dunbar Water Co., ante, p. 229 U. S. 53, followed, and Boom Co. v. Patterson, 98 U. S. 403, distinguished.

A wide discretion is allowed the trial court in regard to admission of evidence as to the value of property taken by eminent domain, and this Court will not interfere on the ground of denial of due process of law where there was no plain disregard of the owner's rights.

195 N.Y. 573 affirmed.

The facts, which involve the validity of an award in a proceeding for condemnation of land for the water supply system of New York City, are stated in the opinion. chanroblesvirtualawlibrary

Page 229 U. S. 369

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