Latah County v. Peterson
Idaho Supreme Court
APPEAL from District Court, Latah County. The taking of private property for a private road is not conferred by the right of eminent domain; hence, when the legislature undertakes to authorize such appropriation of private property, it is an attempted delegation of a power not possessed by the legislature nor the people in legislative capacity, and is unconstitutional. (Taylor v. Porter, 4 Hill, 140, 40 Am. Dec. 274, and note; Witham v. Osburn, 4 Or. 318, 18 Am.
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APPEAL from District Court, Latah County. The taking of private property for a private road is not conferred by the right of eminent domain; hence, when the legislature undertakes to authorize such appropriation of private property, it is an attempted delegation of a power not possessed by the legislature nor the people in legislative capacity, and is unconstitutional. (Taylor v. Porter, 4 Hill, 140, 40 Am. Dec. 274, and note; Witham v. Osburn, 4 Or. 318, 18 Am. Rep. 287; Dickey v. Tennison, 27 Mo. 373; Commonwealth v. Cambridge, 7 Mass. 158; Nesbitt v. Trumbo, 39 111. 110, 89 Am. Dec. 290;…
1Opinion of the CourtMorgan, J.
On or before the fifteenth day of July, 1890, a petition in due form was presented to the board of county commissioners of Latah county, praying for the establishment of a private or by-road over the lands belonging to the defendant, E. G. Peterson, described in plaintiffs complaint. On said fifteenth day of July, the board of county commissioners appointed three viewers, and directed that said viewers should meet on the fifth day of September, 1890, and view and survey and mark out said road, and estimate the damages accruing to nonconsenting land owners. The said viewers met as directed;…
2Cases cited9 opinions
- Sherman v. BuickCalifornia Supreme Court · 1867
- Monterey County v. CushingCalifornia Supreme Court · 1890
- Denham v. County CommissionersMassachusetts Supreme Judicial Court · 1871
- Nesbitt v. TrumboIllinois Supreme Court · 1866
- Osborn v. HartWisconsin Supreme Court · 1869
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3Cited by16 opinions
- Chesapeake Stone Co. v. MorelandCourt of Appeals of Kentucky · 1907
- Towns v. Klamath CountyOregon Supreme Court · 1898
- Westport Stone Co. v. ThomasIndiana Supreme Court · 1911
- Eisenbarth v. DelpIdaho Supreme Court · 1950
- Komposh v. PowersMontana Supreme Court · 1926
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