Lamborn v. Bell
Supreme Court of Colorado
Appeal from the District Court of FI Paso County. This proceeding was instituted by appellee to condemn a right of way across the land of appellant, for a ditch to convey water for certain purposes. A hearing was had before a jury in pursuance of the pro visions of the eminent domain act, and they found: First.
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Appeal from the District Court of FI Paso County. This proceeding was instituted by appellee to condemn a right of way across the land of appellant, for a ditch to convey water for certain purposes. A hearing was had before a jury in pursuance of the pro visions of the eminent domain act, and they found: First. That it was and is necessary for petitioner herein to take and appropriate the lands of defendant described in the petition herein for the purpose of furnishing petitioner with power to run an electric plant to generate electricity for the purpose of lighting the town and buildings of…
1Opinion of the CourtJustice Goddard
The questions presented by the record are:
First. Has the petitioner a right to condemn a right of way over the lands of the defendant for the purpose of carrying water to furnish power to operate an electric light plant ?
*348■ Second. Has he a right to have a ditch across said land for irrigation purposes for his own use, under the facts shown ?
The first proposition depends upon the effect to be given to the following constitutional provisions:
“ That private property shall not be taken for private use unless by consent of the owner, except for private ways of necessity, and except for reservoirs,…
2Cases cited5 opinions
- Thomas v. OwensCourt of Appeals of Maryland · 1853
- Carlin v. Western Assurance Co. of Toronto, CanadaCourt of Appeals of Maryland · 1882
- State ex rel. Roberts v. WestonNebraska Supreme Court · 1876
- Colorado Cent. R. v. AllenSupreme Court of Colorado · 1889
- Twin Lakes H. G. Min. Synd. (Lim.) v. Colo. Midland R'y Co.Supreme Court of Colorado · 1890
3Cited by33 opinions
- In Re Interrogatories Relating to the Great Outdoors Colorado Trust FundSupreme Court of Colorado · 1996
- Hootch Ex Rel. Hootch v. Alaska State-Operated School SystemAlaska Supreme Court · 1975
- State v. Superior CourtWashington Supreme Court · 1914
- Lavelle v. Town of JulesburgSupreme Court of Colorado · 1910
- Denver Power & Irrigation Co. v. Denver & Rio Grande RailroadSupreme Court of Colorado · 1902
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