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LEO,NA WHITE <br />404 NATIONAL BANK B°"°'"G SHORTHAND REPORTER <br />- OR 403 EAST BOWMAN STREET - - - - - <br />- - <br />-• - SOUTH BEND. INDIANA <br />PHONE$ 4-3141. 3.4407 <br />didnft oven,. but nova did'have the right to use the highway; in, <br />the determination .of benefits or damages to them? the <br />fact of the pavemnt- be corsidored or, ignored? <br />11JR. MILLER <br />I don- It thine it would have to be Considered that they <br />would have.- to, 'make up y what..this man lost. Isuppose his <br />damages would have to be enhanced by this other man. <br />MR. LvV4: <br />And you wou.'J '. consider in the .condemnation that the <br />thing the City was getting was the bare legal thing called <br />a right-ofvray <br />11R. MILLER No. It would be whatever the right-df-way was. <br />You could undoubtedly condemn a private street, or' private , right <br />- <br />of way, and make it a public street. I suppose there is pleat <br />of law on such as to how the damages and benefit a should : be <br />assessed. <br />Im. LEVY: <br />VbUld it make any difference if it had been.astreet',', <br />rather than a right. -of -way? Is there any difference bet ,re en <br />the first and second hypothetical cases I have asked about? <br />111R. MILLER: Where the City had purchased the right -of may? <br />MR. LEVY: Yes. <br />Y <br />hu . MILLER No, except I think the city is the loter. It <br />Would have the right to Claim damages for 'claiing the right -of <br />way. It Mould have to claim dam-a.gea against itself for.taping <br />stymy something that belonged to it. <br />R.. LEVY.- could the. . abutting property owners have their damag <br />s <br />-- 2 5` <br />