Waterloo, Cedar Falls & Northern Railway Co. v. Incorporated Town of Cedar Heights
Waterloo, Cedar Falls & Northern Railway Co. v. Incorporated Town of Cedar Heights
Opinion of the Court
— I. The plaintiff is and was the owner of a certain interurban line of railway, electrically operated, between Waterloo and Cedar Falls. Its length is seven and one-half miles. It passes through the residential parts of the town of Cedar Heights, and occupies the center of a street known as Grand Boulevard. Its right of way is 30 feet wide, and contains no other improvements than the ordinary track and ballast. A paving was ordered and laid on Grand Boulevard. This consisted of a 9-foot strip of paving on each side of plaintiff’s right of way, and abutting thereon. The abutting frontage was .36 of a mile (1,920 feet) on each side. The assessment ordered was $3,590. A width of 15 feet of plaintiff’s right of way was deemed to be abutting upon the pavement upon each side, respectively, and assessment was made accordingly upon the right of way in two zones, of the width of 15 feet each. The trial court reduced the assessment to $1,035.
The contention for the plaintiff is threefold: (1) That it received no benefit whatever from the paving, and that, therefore, it should not have been assessed at all; that the court is bound to take notice of its constitutional rights, regardless of the legislative character of the order of the establishment of the paving district, which included therein plaintiff’s right of way; (2) that, in any event, the amount of the assessment as ordered by the city council grossly exceeded any possible benefits to the plaintiff, and that the order of the district court granting partial relief was yet wholly inadequate; (3) that the assessment ordered by the city council was grossly in excess of 25 per cent of the value of plaintiff’s right of way; and that the order of the district court was predicated uppn a valuation in excess of the actual value of plaintiff’s property.
The question raised by the third contention is the most tangible one, upon this record, and we give to it our first attention. What was the fair market value of plaintiff’s included
The plaintiff’s railway began' operation in 1897. It operated from business center to business center of Waterloo and Cedar Falls. Originally, there were no intervening towns. In the course of years, two little towns were located upon this line of railway. One of these was Cedar Heights. Its site was selected for residential purposes. It was located astride the plaintiff’s right of way, and midway between Waterloo and Cedar Falls. Its principal residential street is Grand Boulevard. This street was established in two zones, each twenty feet wide, and abutting on each side of the right of way. In this manner, the plaintiff became the occupant of the central zone in the town’s principal thoroughfare. The population of the town is 400.
We hold, therefore, as against the contention of each party on its appeal, that the trial court properly adopted the valuation of the executive council.
II. Our foregoing conclusion fully disposes of the appeal of the defendant. Accepting the valuation of the executive council, the trial court entered the maximum assessment of 25 per cent. The question still remains on plaintiff’s appeal whether such maximum assessment was in excess of benefits received. The same burden rests upon .plaintiff: at this point. Its argument is that the construction oi this paving operated greatly to its damage, and that such damage completely absorbed all benefits 'which might otherwise be deemed to accrue to its abutting property. To put it in another way, it contends that it received no benefit, and that, on the contrary, it suffered great damage. As evidence of such fact, its chief reliance is put upon the subsequent events, as indicated in the foregoing division hereof. It suffered a considerable loss of business in 1921, and a greatly increased loss in 1922. Is this sufficient substantive evidence to negative presumptive benefits, on the theory that damage, rather than benefit, was sustained? Our discus
There is a further consideration that militates against the force of the plaintiff’s contention at this point. The principal business of this branch line of the plaintiff’s was presumably done upon the whole line between Waterloo and Cedar Falls. These two cities had large populations. Plaintiff’s cars moved constantly from one terminal to the other. Presumably, the larger part of plaintiff’s business must have originated within these two larger cities. Cedar Heights was a mere hamlet, of only 400 people. The loss of business to plaintiff cannot be accounted for by assuming that its normal business at Cedar Heights had fallen off. There must have been other substantial cause, not attributable to 1,920 feet of paving on Grand Boulevard. In May, 1921, motor busses were put on Eainbow Drive, which plied their trade between Waterloo and Cedar Falls. Presumably they thereby divided the traffic with the plaintiff. Eainbow Drive passed through Cedar Heights, though not over Grand Boulevard. It necessarily was accessible to all the private automobiles owned in Waterloo, Cedar Heights, or Cedar Falls. All this was true before the paving enterprise on Grand Boulevard was undertaken. By the paving of Grand Boulevard, it is true, the inhabitants residing thereon were enabled to use the paving for a direct connection with Eainbow Drive. It is the necessary effect, and indeed the purpose, of all street paving to permit connection with other highways. Was the paving on Grand Boulevard to be deemed presumptively less beneficial' to abutting property on that account? All street and highway improvement is an invitation to highway traffic to be conducted thereon with every form of practicable vehicle. In so far as common carriers avail themselves of such highway privilege, they become competitive with all other carriers. It is assumed by plaintiff in argument that the discouraging conditions of 1922 can never be remedied. But upon the record, this is merely an assumption. The entry of the common carrier upon the public highway is in its experimental stage. It has still to reckon with an undetermined overhead. The range of its competition and the power of it are still to be ascertained. That it has
Plaintiff urges upon us that it is not the owner of its right of way, but has a mere limited easement therein. It has no right to use the property for other than for the operation of an interurban railway. It can erect no structures thereon. Its easement thereof reverts to its grantor upon the abandonment of the railway line as such. This fact has its importance, and is entitled to consideration as tending to reduce the benefits which might otherwise result to'the plaintiff. Is it a sufficient reason for saying that the benefit thereto is less than the amount fixed by the district court* That it affords a convenience to plaintiff’s passengers in their ingress and egress to and from trains is not disputed. That it is an added convenience for the reception and delivery of freight to and from its freight cars is quite manifest. How much money value may be' attached to such conveniences is a matter of approximation, at best, and of some degree of conjecture. Clearly, it was some benefit to the plaintiff as an operating concern. If we were to say that such benefit was of smaller value than that fixed by the district court, we are unable to discover in the record any evidence that would warrant us in saying that a smaller benefit was better proved than that fixed on by the district court. Upon first impression in the submission of this case, we were disposed to reduce the assessment. Upon further consideration and a careful examination of the entire record, - we have been constrained to the view that we would not bo warranted in reducing the amount fixed by the district court. The judgment below is,' accordingly, affirmed on both appeals. — Affirmed on both appeals.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.