Minnesota Canal & Power Co. v. Koochiching Co.
Supreme Court of Minnesota
Petition to the district court for Itasca county by the Minnesota Canal & Power Company for the appointment of appraisers in proceedings to condemn certain lands and interests therein necessary for the purposes stated in the petition and which are set forth in the opinion.
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Petition to the district court for Itasca county by the Minnesota Canal & Power Company for the appointment of appraisers in proceedings to condemn certain lands and interests therein necessary for the purposes stated in the petition and which are set forth in the opinion. The case was tried before McClenahan, J., who made findings of fact, and as conclusions of law found that private as well as public uses were involved in the purposes for which the condemnation was sought and that the petition should therefore be dismissed. Prom the order and from a judgment of dismissal entered pursuant…
1Opinion of the CourtElliott, J.
This appeal involves the right of the appellant to condemn certain land situated on the Rainy river near Koochiching falls in Itasca county in aid of the construction of certain canals and the creation of a water power plant at West Duluth. Upon this record we are required to determine whether the trial court was right in refusing to grant the prayer of the petitioner upon the facts as found.
The petitioner states that it
Does not desire to physically take, acquire, or possess any of said lands hereinafter described, nor to erect, maintain, and operate any of its works upon the same, but it…
2Cases cited93 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- The Daniel BallSupreme Court of the United States · 1871
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
- United States v. Rio Grande Dam & Irrigation Co.Supreme Court of the United States · 1899
88 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Ferch v. Housing Authority of Cass CountyNorth Dakota Supreme Court · 1953
- Burnquist v. CookSupreme Court of Minnesota · 1945
- State ex rel. M. O. Danciger & Co. v. Public Service CommissionSupreme Court of Missouri · 1918
- Kessler v. City of IndianapolisIndiana Supreme Court · 1927
- Shizas v. City of DetroitMichigan Supreme Court · 1952
43 more not listed; retrieve them via the Exa API.