The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1906-03-01

of the circuit court. The commits
sioners award the company damages
to the extent Of $50, SOB. The report
Of the commissioners was read only
after the men interested had waited
for nearly an hour for the attorneys
for the company and finally a tele-
phone message from Milwaukee or
dered the commissioners to go ahead
and file their report. The report was
as follows:
/ CIRCUIT COURT KENosHA COUNTY
I In the matter of condemnation by
the Chicago & Milwaukee Electric
Railroad company of certain lands in
section SO in the town of Somers in
/ Kenosha county, owned by Thomas
i B. Jeffrey & Co.
Statement Of commissioners:
The principal element of damage as
claimed by Mr.. Jeffrey is that he is
/ cut off by the one hundred foot right
of way proposed to be taken and cam
not extend his business as he has
planned without great loss and incon-
vepience.
The sum stated by Mr.. Jeffery is
large sum Of money, and we are not
given definite reasons and facts to en-
able us to find any such damage. We
believe that Mr.. Jeffery is sincere in
his demand, and fully realize the in
convenience and danger in extending
his business TO the west after the one
hundred foot right of way is occupied
and in use as railroad.
/ On the other hand, we realize the
demands of the public, and the right
which the law has given to the rail-
road company to take this strip Of
land for the comr1on good. It some
times seems that the right of eminent
domain is unjust, and that private
rights ought not to be taken where
such a great Inconvenience is caused,
as in this case.
We feel it our duty to make an
award as accurate as possible, but re-
Igret that neither the attorneys nor
the parties to either side are able to
give us much assistance, or, at least,
have not done so, and we are left to
Igrope in the dark as best we may.
1t is admitted that the amount of
property to be taken consists of 2. 80
Iacres, and that the value at the pres
ent time for this property is $3.50 per
acre, making the marker value of the
strip proposed to be taken $15O8.
It is admitted that $4,000 has been
paid out by the Jeffrey company for
the foundation for building which
will be destroyed by the proposed
fright of way. It would therefore, APP
pear that the sum of $4,000 for this
foundation should be paid by the rail
road people.
/ It is also admitted that it would
cost the sum of $1,000 to rebuild the
testing track.
4 We find, therefore, that the sum of
SIS, sos should be paid by the railroad
company as and for the items above
specified, but we are without assist
ance from the parties interested as to
what further damage should be
awarded.
1t seems to us reasonable that the
Jeffery company desire to build to the
west of the present plant and in the
manner and to the extent as outlined
by them. We have not considered
the possibility of subway under the
proposed one hundred foot right of
way, nor the possibility of permission
being given to carry steam and water
i pipes from the old plant to the pro-
| posed new buildings. We believe
/ that the Jefery company has no such
/ rights, but only the right to one grade
crossing for vehicles andsfoot rassen-
gers.
i We consider that the taking of the
| 100 foot strip2separates the old plant
from any improvements farther west.
1t seems to US that the simplest test
would be what amount Of money
would purchaser deduct or ask Mr..
Jetfery to allow from the purchase
price for his entire plant by reason of
the proposed new railroad. On the
theory that some competitor or other
purchaser should seek or might be in
duced now or in the immediate future
to purchase Mr.. Jeffery's plant,
claim IN our'judgment would be made
that the one hundred foot strip would
so separate any new buildings from
the old as TO practically divorce the
present power plant and present
buildings from any new construction.
Al purchaser of this property wish
| ing to build to the west Of the strip
proposed to be taken would be forced
to build a new power plant and lose
the efficiency of the now existing
power plants. This new power plant
would mean additional supervisors;
would call for independent water
supply; independent FIRE protection;
increased fuel and light, and in our
Judgment purchaser would ask 81
deduction of 800, 900 from the selling
price Of the whole plant.