Denver Power & Irrigation Co. v. Denver & Rio Grande Railroad
Supreme Court of Colorado
Error to the District Court of Douglas County. Plaintiff in error, as petitioner, commenced an action in the district court to condemn a piece of land for a reservoir site. To this proceeding defendants in error were made respondents. On the trial of the issues made by the pleadings, the court rendered judgment denying the right of petitioner to condemn the premises sought to be taken. From this judgment, petitioner brings the case here for review on error.
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Error to the District Court of Douglas County. Plaintiff in error, as petitioner, commenced an action in the district court to condemn a piece of land for a reservoir site. To this proceeding defendants in error were made respondents. On the trial of the issues made by the pleadings, the court rendered judgment denying the right of petitioner to condemn the premises sought to be taken. From this judgment, petitioner brings the case here for review on error. Since the case was brought here, the people, through the attorney general, have filed a petition in intervention, and ask to intervene,…
1Opinion of the CourtJustice Gabbert
Counsel for respondents present two propositions which go directly to the authority of petitioner to condemn the lands in question, and we shall, therefore, consider these matters first.
The power of the petitioner to condemn is challenged upon the ground that under the constitution of the state it can not take land for a reservoir site for all the purposes mentioned in its articles of incorporation, and the joinder of non-permissible purposes with those which are permissible, deprives petitioner of the right to condemn for any. Sec. 14, art. 2 of the constitution provides: “That private…
2Cases cited7 opinions
- United States v. JonesSupreme Court of the United States · 1883
- Railroad Co. v. EllermanSupreme Court of the United States · 1882
- Chicago & Northwestern Railway Co. v. Chicago & Evanston RailroadIllinois Supreme Court · 1884
- Lamborn v. BellSupreme Court of Colorado · 1893
- City of Seymour v. Jeffersonville, Madison & Indianapolis RailroadIndiana Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Wassenich v. City & County of DenverSupreme Court of Colorado · 1919
- Minnesota Canal & Power Co. v. Koochiching Co.Supreme Court of Minnesota · 1906
- Portneuf Irrigating Co. v. BudgeIdaho Supreme Court · 1909
- Public Service Co. v. City of LovelandSupreme Court of Colorado · 1926
- Vermont Hydro-Electric Corp. v. DunnSupreme Court of Vermont · 1921
27 more not listed; retrieve them via the Exa API.