42-108. Measure of damages for right of way over unoccupied lands, when.
42-108
42-108. Measure of damages for right of way over unoccupied lands,when.When any individual, company or corporation shall have constructed anycanal, ditch, flume or aqueduct for purposes of irrigation over unoccupiedlands of another, the damages awarded for the right of way of such canal,ditch, flume or aqueduct shall not exceed the value of the land occupied atthe date of such construction, and neither the enhanced value of the landgrowing out of the construction of such canal, ditch, flume or aqueduct,nor the subsequent enhancement of its value through settlement made afterthe construction of such canal, ditch, flume or aqueduct, shall beconsidered in estimating the damages for such right of way: Provided,Such canal was constructed with the knowledge and without protest from theowner of the land.
History: L. 1886, ch. 115, § 8; Feb. 26; R.S. 1923, 42-108.