Oliver Wendell Holmes, Jr., United States v. Cora Welch — Opinion of the Court
“ Rep. 850, a recovery for the taking of land by permanent occupation allows it for a right of way taken in the same manner; and the value of the easement cannot be ascertained without reference to the dominant estate to which it was attached. ”
Oliver Wendell Holmes, Jr., United States v. Cora Welch — Opinion of the Court
“ The petition, like the form of the finding, lends some countenance to this contention, by laying emphasis on the damage to the farm, although it is to be noted that, even in this aspect, the damage is to the tract of which a part is taken. 191 U.S. 354. But both petition and finding in substance show clearly that the way has been permanently cut off. A private right of way is an easement and is land. We perceive no reason why it should not be held to be acquired by the United States as incident to the fee for which it admits that it must pay. ”
