Hood River Lumbering Co. v. Wasco County
Oregon Supreme Court
From Wasco : W. L. Bradshaw, Judge. In 1889 an act was passed by the legislature entitled “An act authorizing the county courts of the several counties of this state to declare unnavigable streams highways for the floating of logs and timber, and provide for the improvement and use of the same:” Laws, 1889, p. 105. The first section provides that upon application of any individual, association or corporation interested, the county court may, by order, declare all or any…
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From Wasco : W. L. Bradshaw, Judge. In 1889 an act was passed by the legislature entitled “An act authorizing the county courts of the several counties of this state to declare unnavigable streams highways for the floating of logs and timber, and provide for the improvement and use of the same:” Laws, 1889, p. 105. The first section provides that upon application of any individual, association or corporation interested, the county court may, by order, declare all or any portion of any river or stream lying within the county, which has not been declared by law to be navigable, and which is…
1Opinion of the CourtJustice Bean
Several objections are made to the validity of the proceedings in the county court, but the principal one is *504that the provisions of the statute under which they were had is unconstitutional and void because it authorizes the taking of private property for public use without due process of law, since it makes no provision for notice to the nonconsenting landowner of the proceedings for the appropriation of his property, and gives him no opportunity to be heard as a matter of right. It is universally recognized that property cannot be taken by the right of eminent domain without some notice to…
2Cases cited6 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Kentucky Railroad Tax CasesSupreme Court of the United States · 1885
- Paulsen v. PortlandSupreme Court of the United States · 1893
- Wilson v. City of SalemOregon Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Eastern & Western Lumber Co. v. PattersonOregon Supreme Court · 1927
- Anderson v. ThomasOregon Supreme Court · 1933
- Bell v. State Industrial Accident CommissionOregon Supreme Court · 1937
- Leffingwell v. Lane CountyOregon Supreme Court · 1913
- Albin v. Consolidated School DistrictNebraska Supreme Court · 1921
5 more not listed; retrieve them via the Exa API.