Legal Opinion

Utah Power & Light Co. v. United States

Supreme Court of the United States

Decided March 19, 1917No. 202-207PublishedCited by 586 opinions

APPEALS FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF UTAH. .The case is stated in the opinion. Every State has the power of eminent domain as an attribute of sovereignty. The essence of the power is the right to take property for a public purpose. It depends upon the jurisdiction of the sovereign over the property and not its jurisdiction over the owner.

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APPEALS FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF UTAH. .The case is stated in the opinion. Every State has the power of eminent domain as an attribute of sovereignty. The essence of the power is the right to take property for a public purpose. It depends upon the jurisdiction of the sovereign over the property and not its jurisdiction over the owner. Kohl v. United States, 91 U. S. 367; Boom Co. v. Patterson, 98 U. S. 403; Luxton v. North River Bridge Co., 153 U. S. 525; Adirondack Ry. Co. v. New York State, 176 U. S. 335, 346. The rights and powers of the United…

1Opinion of the CourtJustice Van Devanter

We are concerned here with three suits by the United States to enjoin the continued occupancy and use, without its permission, of certain of its lands in forest reservations in Utah as sites for works employed in generating and distributing electric power, and. to secure compensation for such occupancy and use in the past. The reservations were created by executive orders and proclamations with the express sanction of Congress. Almost all the lands therein belong to the United States and before the reservations were created were, public lands subject to disposal and acquisition under the…

2Cases cited19 opinions

  1. United States v. GrimaudSupreme Court of the United States · 1911
  2. United States v. KirkpatrickSupreme Court of the United States · 1824
  3. Wilcox v. JacksonSupreme Court of the United States · 1839
  4. Camfield v. United StatesSupreme Court of the United States · 1897
  5. Van Brocklin v. TennesseeSupreme Court of the United States · 1886

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3Cited by586 opinions

  1. Federal Crop Ins. Corp. v. MerrillSupreme Court of the United States · 1947
  2. Heckler v. Community Health Services of Crawford County, Inc.Supreme Court of the United States · 1984
  3. Office of Personnel Management v. RichmondSupreme Court of the United States · 1990
  4. United States v. Chemical Foundation, Inc.Supreme Court of the United States · 1926
  5. Nevada v. United StatesSupreme Court of the United States · 1983

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