“ The petitioners do not urge that it was practicable to find a buyer who would pay for the easements in connection with the franchise and with a view to continuing the operation of the road. The spur had proved to be a failure, a mere impediment to public travel. Substantial prices are not paid for the privilege of conducting a business at a loss. The petitioners do urge, however, that aubtters would have been willing to pay for an abandonment of the road, and that such abandonment would have been equivalent to the surrender of the easements or to a deed of reconveyance. ”

“ Granting that the value of the easements is whatever abutters would have paid for a surrender of the franchise, how much would this have been?
A sale to abutters was impracticable unless all or nearly all united. One owner could gain nothing from a reconveyance of the easements appurtenant to his lot without a like reconveyance to others along the line of the invading structure. The spur would have to come down altogether or not at all. ”

“ The city too had an interest in the growth of taxable values as well as in the promotion of the safety of the streets. In 1919, the Legislature of New York came to the relief of city, lot owners, and travelers through the adoption of a statute. ”

“ For present purposes we accept the ruling of the state court that, irrespective of their precise nature, they had a value to be paid for upon the termination of the franchise and the removal of the structure by force of eminent domain. If all this be assumed, the petitioners fall short by a long interval of making out a definance of constitutional restraints. Their argument, it seems, is this: Property that is to be condemned must be paid for in accordance with the value at the time of the taking ”

“ At other times we are told that due process is not lacking unless 'plain rights' have been ignored, with a reminder that much will be overlooked when there is nothing of unfairness or partiality in the course of the proceedings. ”

“ Not every such mistake amounts to a denial of constitutional immunities, though the outcome is to give the owner less than he ought to have. In condemnation proceedings as in lawsuits generally the Fourteenth Amendment is not a guaranty that a trial shall be devoid of error. ”

“ The company was under a continuing duty to rid its presence in the highway of the character of a trespass as against the title of abutters.
Whether these rights or interests, though easements in the ownership of the abutters, retained the same quality after release or conveyance to the railway, we do not now determine. They are spoken of in many cases as if their quality in the new ownership continued what it was before. See, e.g., People ex rel. Manhattan R. Co. v. Barker, 165 N.Y. 305, 59 N.E. 137, 151; People ex rel. Manhattan R. Co. ”

“ The test has been differently phased by different judges and in different contexts. At times we find the statement that the Constitution is not infringed unless there has been 'absolute disregard' of the right of the owner to be paid for what is taken. ”

“ They are not easements in gross assignable to strangers generally. In re East 42nd St. Elevated R. R. Structures, 265 N.Y. 170, at page 181, 192 N.E. 188. They may be factors to be considered in determining the value of the franchise while the road is in operation, for they are effective as a release from liability for past or future damages. This is very far from saying that they contribute elements of value when operation has been proved to be impossible except at a continuing loss. ”