Chicago, Rock Island & Pacific Railroad Co. v. Stude et al. (346 U.S. 574)
U.S. Supreme Court · decided January 18, 1954 · Supreme Court Database (Spaeth)
- Citation
- 346 U.S. 574 · 74 S. Ct. 290
- Decided
- January 18, 1954
- Term
- October Term 1953
- Vote
- 7–2
- Majority author
- Justice Minton
- Issue area
- Federalism
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Mr. Justice Minton delivered the opinion of the Court. The petitioner, a Delaware corporation, owns and operates its railroad through Pottawattamie County, Iowa. It was authorized by the Interstate Commerce Commission to improve its line of railway in that county and by the Iowa State Commerce Commission to acquire by condemnation any land necessary for the improvement. On January 18, 1952, pursuant to the Iowa Code, the petitioner filed with the sheriff of the county its application to condemn certain lands in the county owned by respondent Stude. The sheriff appointed a commission of six resident freeholders to assess damages. Notice was given by the sheriff to the respondent owner and others interested in the land, and an award of damages in the sum of $23,888.60 was allowed to the owner and $1,000 to the tenant. The amount of the assessment was paid by the petitioner to the sheriff and the petitioner took possession of the land. Such appraisal became final unless appealed from. On March 6, 1952, the petitioner filed with the sheriff of the county a notice of appeal from the commission’s award. The Iowa Code provides for appeal as follows: “472.18 Appeal. Any party interested may, within thirty days after the assessment is made, appeal therefrom to the district court, by giving the adverse party, his agent or attorney, and the sheriff, written notice that such appeal has…
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