In re Theresa Drainage District
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Washington county: A. Scott SloaN, Circuit Judge. This is an appeal from an order of the circuit court, made, in the above matter, which denies a motion to quash the petition and to dismiss the proceedings commenced to organize and establish a drainage district, and to appoint commissioners to lay out, erect, and construct the proposed works, under the authority of ch. 401, Laws of 1891. The question raised is the validity of the…
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Appeal from an order of tbe circuit court for Washington county: A. Scott SloaN, Circuit Judge. This is an appeal from an order of the circuit court, made, in the above matter, which denies a motion to quash the petition and to dismiss the proceedings commenced to organize and establish a drainage district, and to appoint commissioners to lay out, erect, and construct the proposed works, under the authority of ch. 401, Laws of 1891. The question raised is the validity of the statute under which it was proposed to organize the proposed drainage district and to construct the proposed works. The…
1Opinion of the CourtNewman, J.
It is settled law in this state that private property can be taken in im/oitum for a public use only. For a private use it cannot he taken. Wis. Water Co. v. Winans, 85 Wis. 26, 39. It is also settled that to dig ditches or drains across the lands of private owners, under an apparent legislative authority, is a taking of the lands. Mills, Em. Dom. § 30; Smith v. Gould, 61 Wis. 31; Donnelly v. Decker, 58 Wis. 461. The question presented for decision is whether the digging of the ditches and drains and the construction of the levees and other works contemplated by the statute under…
2Cases cited3 opinions
- Donnelly v. DeckerWisconsin Supreme Court · 1883
- Wisconsin Water Co. v. WinansWisconsin Supreme Court · 1893
- Smith v. GouldWisconsin Supreme Court · 1884
3Cited by15 opinions
- Borden v. Trespalacios Rice & Irrigation Co.Texas Supreme Court · 1905
- Kuhl Motor Co. v. Ford Motor Co.Wisconsin Supreme Court · 1955
- Huber v. MerkelWisconsin Supreme Court · 1903
- Priewe v. Wisconsin State Land & Improvement Co.Wisconsin Supreme Court · 1896
- Billings Sugar Co. v. FishMontana Supreme Court · 1910
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