The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1902-08-02
Judge LightfOOt Says Right Of Way
Money Must be Paid to Court.
The Railroad Company Cannot Be
Prevented From Going Ahead
with the Extension Work.
1T SEEMS TO BE JUST

County Judge r. T. Lightfoot yes
terday afternoon heard arguments in
the county court on the question of
where the money awarded property
owners whose land was condemned
for the extension of the Illinois Cen
trail road to Cairo, should be paid
when an appeal is desired, whether to
the property owner or into court.
There has been no little interest in
the question, and the decision had
been awaited with considerable impa,
thence by both railroad and property
owners. Judge Lightfoot decided that
the money must be paid into County
Clerk Charles Grsham's hands, where
it remains until the appeal is decided.
The railroad meanwhile takes posses
sion of the strip of land desired and
builds across it,
While there are some other provi-
siops of the law that would on the
surface seem to indicate otherwise,
Judge Lighttoot's decision is based on
the following statute:
Section s39-trial of exceptions-as-
sessment of damages, appeal when
company may take Professionalism
party may appeal to the circuit court
by executing bond as required in other
cases, within thirty days, and the ap-
peal shall be tried de novo, upon the
confirmation of the report of the com.
missioners by the county court, or the
assessment of damages by said court,
as herein provided, and the payment
to the owners Of the amount due, as
shown by the report of the commis-
sioners when confirmed, or as shown
by the judgment of the county court.
When the damages are assessed by
said oonrt, and all costs adjudged to
the owners, the railroad company shall
be entitled to take possession Of said
land and material and to use aud con-
troll the same for the purpose for
which it was condemned, as fully as
If the title had been conveyed to it.
But when an appeal shall DO taken
from the judgment of the county court
by the company, it shall not be enti-
tied to take possession of the land or
material condemned until it snail
have paid into the court the damages
assessed and all costs. All money paid
into court under the provisions of this
law, shall be received by the clerk of
the court and held subject to the or.
ders of the court, for which he and his
sureties on on his official bond shall
be responsible of the persons entitled
thereto.
In number of instances there is
to believe that the property
owners have been awarded excessive
values and damages for their property
and the railroad company does not
propose to submit to ii, and yet does
not want to be delayed in the work Of
extension. As its right of way would |
be secured irrespective of price, it is
accorded the privilege of going ahead
with its work. II the higher court
decides that the amounts are Just, the
money will be there in court for the
owner, and il IL decides it is
too much, the railroad can simply
pay the proper amount and take back
the excess, where II the money had al
ready been paid to the property owner
instead of into court, the railroad
would have to sue TO recover the bal
ance, and in many instances it might
be unable to recover. The delay will
accordingly be only to the property
owner. 4