Lake Koen Navigation, Reservoir & Irrigation Co. v. McLain Land & Investment Co.

The opinion of the court was delivered by

Burch, J. :

At its session in 1899 the legislature enacted the following provision for the condemnation of lands for the storage of water :

“Any irrigation, canal or reservoir company, for the purpose of establishing any reservoir, lake or pond for the storage of water, shall have the right to condemn lands in the same manner as is provided for the condemnation of lands for railroad and other purposes.” (Laws 1899, ch. 151, §1; Gen. Stat. 1901, §3758.)

Under this law the Lake Koen Navigation, Reserr voir and Irigation Company condemned a tract of land in…