County of Delaware v. Walton Water Co.

The appeal is from an order which appointed Commissioners of Appraisal, upon determining that the public use required the condemnation for county highway purposes of real property owned by the corporate defendant, a public utility supplying water to the Village of Walton.

Although several questions are argued, the true issues seem to us rather narrow and to respect only (1) the limitations upon the power of the county to condemn lands heretofore acquired by the appellant utility for a public use, and (2) the procedural requirements of such a condemnation.

There seems to us no clear legislative…