Columbus Water Works Co. v. Long
Supreme Court of Alabama
Appeal from the Probate Court of Lee. Tried before the Hon. W. C. Robinson. The Columbus Water Works Company filed an application in tfie probate court of Lee county to condemn certain lands. The petition was in conformity to the statutes of this State.
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Appeal from the Probate Court of Lee. Tried before the Hon. W. C. Robinson. The Columbus Water Works Company filed an application in tfie probate court of Lee county to condemn certain lands. The petition was in conformity to the statutes of this State. Demurrers were filed to the petition on various grounds but mainly because the peti- 1 tioner was a foreign corporation, and because public uses in another State, as shown by the petition, would be subserved by granting the petition and condemnation of the land. The demurrers were sustained. The cause is here reversed. (1). The manner in which…
1Opinion of the CourtHaralson, J.
— The legal principles involved in this appeal may be briefly stated.
The Constitution provides, that “private property shall not be taken or applied for public use, unless just compensation be first made therefor; nor shall private property be taken for private use, or for the use of corporations other than municipal, without the consent of the owner,” with an exception for right of Avay that has no application here. — Const. Art. 1, § 24.
It is well settled, that when an act authorizes a taking, and a private use is combined with a public use in such a way that the two cannot be separated, —…
2Cases cited3 opinions
- Attorney General v. City of Eau ClaireWisconsin Supreme Court · 1875
- Sadler v. LanghamSupreme Court of Alabama · 1859
- In Re the Appraisal of Damages of TownsendNew York Court of Appeals · 1868
3Cited by20 opinions
- Adams v. Greenwich Water Co.Supreme Court of Connecticut · 1951
- Grover Irrigation & Land Co. v. Lovella Ditch, Reservoir & Irrigation Co.Wyoming Supreme Court · 1913
- Kessler v. City of IndianapolisIndiana Supreme Court · 1927
- Opinion of the JusticesSupreme Court of Alabama · 1950
- Alabama Interstate Power Co. v. Mt. Vernon-Woodberry Cotton Duck Co.Supreme Court of Alabama · 1913
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