City of Tacoma v. Humble Oil & Refining Co.

This case comes to us on a writ of certiorari to review an order of public use and necessity issued in a condemnation action. The city of Tacoma is engaged in the development of a hydroelectric project on the Cowlitz River to provide electricity for the needs of the city. A part of the project is the construction of the Mayfield Dam. The reser voir behind the dam will inundate land in which the relators have mineral rights. The city seeks condemnation of the fee simple interest in the land, which, of course, wpuld include the mineral rights.

The relators do not deny that the creation of a…