Harlan F. Stone

“ On the contrary, the Supreme Court of Michigan has explicitly pointed out that the procedure and statutes presently involved not only insure just compensation in the constitutional sense, but allow the full measure of compensation for the taking provided by the Railway Act. In addition, it is emphasized that, even though the land be taken under the Highway Act, that act, like the Railway Act, does not permit the offset of benefits arising from railroad construction against damages for the taking, since it only permits deduction of benefits derived from the construction of a highway. ”

“ We need not inquire whether, under the peculiar provisions of the Michigan statutes, the proposed taking of appellant's land is for highway or railway purposes. It is enough that, although the land is to be used as a right of way for a railroad, its acquisition is so essentially a part of the project for improving a public highway as to be for a public use. ”

“ As authorized by No. 215 of the Michigan Public Acts of 1925 and No. 340 of the Acts of 1927, the commissioner has entered into a contract with the railroad company for the proposed exchange, to be effected when the commissioner has acquired, by purchase or eminent domain, the lands on which the railroad is to be relocated. Acting under No. 352 of the Michigan Public Acts of 1925, as amended by No. 92 of the Acts of 1927, the commissioner has begun, in the probate court of Oakland county, the proceeding which the appellant seeks to enjoin in the present suit. ”