Nash v. Clark
Utah Supreme Court
Appeal from the Fourth District Court, Utah County.— Hon. J. EL Booth, Judge. Action to condemn a right of way in a ditch owned by the defendants. From a judgment in favor- of the plaintiff, the defendants appealed. STATEMENT OE TACTS. Plaintiff brought this action to condemn a right of way in a ditch owned by the defendants.
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Appeal from the Fourth District Court, Utah County.— Hon. J. EL Booth, Judge. Action to condemn a right of way in a ditch owned by the defendants. From a judgment in favor- of the plaintiff, the defendants appealed. STATEMENT OE TACTS. Plaintiff brought this action to condemn a right of way in a ditch owned by the defendants. The provisions of the statute upon which-he 'bases his right of action, so far as material to this case, are as follows: Rev. St. 1898, section 3588, in part provides: “Subject to the provisions of this chapter the right of eminent domain may be exercised in behalf of…
1Opinion of the CourtMcCARTY, J.
1 2 Appellants’ contend that the order of the district court overruling the demurrer was erroneous for the reason that the complaint on its face shows that the use to he made of the property sought to be condemned is strictly private, and in no sense a public use. Both the Constitution of the United States and the Constitution of this State provide that “private property shall not be taken or damaged for public use without just compensation.”' This provision is construed to mean that private property can not. be taken for strictly a private use, which counsel for respondent concede to- be the…
Also in this document: Concurrence.
2Cases cited7 opinions
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Dayton Gold & Silver Mining Co. v. SeawellNevada Supreme Court · 1876
- Yunker v. NicholsSupreme Court of Colorado · 1872
- Schilling v. RomingerSupreme Court of Colorado · 1878
- Oury v. GoodwinArizona Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Grover Irrigation & Land Co. v. Lovella Ditch, Reservoir & Irrigation Co.Wyoming Supreme Court · 1913
- Portneuf Irrigating Co. v. BudgeIdaho Supreme Court · 1909
- Kaiser Steel Corporation v. WS Ranch CompanyNew Mexico Supreme Court · 1970
- W. S. Ranch Company, a New Mexico Corporation v. Kaiser Steel Corporation, a Nevada CorporationCourt of Appeals for the Tenth Circuit · 1968
- Smith v. CameronOregon Supreme Court · 1922
33 more not listed; retrieve them via the Exa API.