Eminent Domain—Measure op Damages por Land Taken—Market Value.—The measure of damages for land actually taken for public use is its market value, that is, the highest price estimated in terms of money which the land would bring if exposed for sale in the open market, with reasonable time allowed in which to find a purchaser, buying with knowledge of all the uses and purposes to which it was adapted and for which it was capable.

Id.—Market Value How Ascertained—Evidence op Value por Special Purpose Inadmissible.—In determining such market value, the test is not its value for a special purpose, but the fair market value of the land in view of all the purposes to which it is naturally adapted. While, therefore, evidence that it is valuable for any particular purpose may always be given and should be freely received in an action for its condemnation, its value in terms of money, which a witness might think it would have for such particular purpose, is inadmissible.

Id.—Instructions as to Ascertainment op Market Value.—In such an action, where the jury are properly instructed to arrive at the market value, after due consideration and allowance for all of the purposes for which it was shown that the property was adapted, a further instruction, that they “must take into consideration the purposes for which the property was adapted, and determine the market value from what a person would then have paid for the property, in cash, not buying, however, for any particular purpose, but having regard to the market value of the property as it then stood for all purposes,” is not erroneous or misleading.

Id.—Damages to Land not Taken—Actual and Market Value.—In an action to condemn a right of way for a railroad, an instruction on the subject of ascertaining and assessing the amount of damages which might accrue to the portions of the land of the defendant not sought to be condemned, which is otherwise in strict accord with the rule laid down in section 1249 of the Code of Civil Procedure, is not rendered erroneous by using the phrase “market value” of the land, instead of the phrase “actual value” as employed in that section. In legal parlance, such phrases are synonymous.