Blackwell Lumber Co. v. Empire Mill Co.
Idaho Supreme Court
APPEAL from tbe District Court of tbe First Judicial District, for Sbosbone County. Hon. John M. Flynn, Judge. Action to condemn a right of way over private lands for a temporary logging road. Judgment for defendant. This court has expressly held that the lumber industry is one of the great material resources of the state in Potlatch Lumber Co. v. Peterson, 12 Ida. 769, 118 Am.
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APPEAL from tbe District Court of tbe First Judicial District, for Sbosbone County. Hon. John M. Flynn, Judge. Action to condemn a right of way over private lands for a temporary logging road. Judgment for defendant. This court has expressly held that the lumber industry is one of the great material resources of the state in Potlatch Lumber Co. v. Peterson, 12 Ida. 769, 118 Am. St. 233, 88 Pac. 426. Sec. 14, art. 1, of the constitution is self-executing. {Potlatch Lumber Co. v. Peterson, supra), and the legislature was vested only with the power of providing a mode of procedure by which to…
1DissentMorcan, J.
As I view this case, the most important question presented by it is whether the courts or the legislature shall determine under what circumstances the power of eminent domain, reserved to the state by the general provision of sec. 14, art. 1, of the constitution, shall be. invoked. This general provision follows the designation of certain specified uses for which private property may be taken, and reads, “or any other use necessary to the com*583píete development of the material resources of the state, or the preservation of the health of its inhabitants, is hereby declared to be a public use,…
2Cases cited10 opinions
- Idaho-Western Railway Co. v. Columbia Conference of Evangelical Lutheran Augustana SynodIdaho Supreme Court · 1911
- Portneuf Irrigating Co. v. BudgeIdaho Supreme Court · 1909
- Hollister v. StateIdaho Supreme Court · 1903
- Potlatch Lumber Co. v. PetersonIdaho Supreme Court · 1906
- Washington Water Power Co. v. WatersIdaho Supreme Court · 1911
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