Section 36 Discontinuation of Principal Use

• Library: Condemnation Practice 2009

Even when the public use for which land was acquired is discontinued, the result is only a partial extinguishment of rights of the acquired easement if the remaining uses of a servient tenement are still authorized. Eureka Real Estate & Inv. Co. v. S. Real Estate & Fin. Co., 200 S.W.2d 328 (Mo. 1947). A streetcar company in Eureka had removed tracks from a section of its right-of-way line, but it continued to maintain a power line over the condemned right-of-way to supply power to other streetcars that...