Potlatch Lumber Co. v. Peterson
Idaho Supreme Court
APPEAL from the District Court of Second Judicial District for Latab County. Hon. Edgar C. Steele, Judge. An action to condemn twelve and sixty hundredths acres of land for use as a storage reservoir for logs and timber products and to improve the navigability of the Palouse river. Judgment for respondent. The respondent has no greater rights than those provided by the statute under which it seeks to proceed.
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APPEAL from the District Court of Second Judicial District for Latab County. Hon. Edgar C. Steele, Judge. An action to condemn twelve and sixty hundredths acres of land for use as a storage reservoir for logs and timber products and to improve the navigability of the Palouse river. Judgment for respondent. The respondent has no greater rights than those provided by the statute under which it seeks to proceed. The provision of the constitution in question is not self-executing, and if it is broader and more general in its terms than is the statutory enactment, nothing can be drawn from it in…
1Opinion of the CourtSullivan, J.
This action was commenced for the purpose of condemning twelve and sixty hundredths acres of land belonging to the appellants for use as a storage reservoir for logs, and which is overflowed by reason of the construction of a dam tending to improve the navigability of the'Pa-louse river. The complaint alleges with particularity the necessity for the appropriation and the facts upon which *775respondent bases its right to condemn. The Palouse river is a small stream having its source in the state of Idaho, and flows westward into the state of Washington. At certain seasons of the year its banks…
2Cases cited10 opinions
- Dayton Gold & Silver Mining Co. v. SeawellNevada Supreme Court · 1876
- Brown v. GeraldSupreme Judicial Court of Maine · 1905
- Olmstead v. CampSupreme Court of Connecticut · 1866
- Nash v. ClarkUtah Supreme Court · 1904
- Hollister v. StateIdaho Supreme Court · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Ryals v. PigottMississippi Supreme Court · 1990
- Connecticut College v. CalvertSupreme Court of Connecticut · 1913
- Washington Water Power Co. v. WatersIdaho Supreme Court · 1911
- Bassett v. SwensonIdaho Supreme Court · 1931
- Westport Stone Co. v. ThomasIndiana Supreme Court · 1911
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