Highland Boy Gold Mining Co. v. Strickley
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County. — Him. S. W. Stewart, Judge. Action to condemn a right of way' for plaintiff’s aerial tramway over defendant’s mining claim. From a judgment in favor of the plaintiff, the defendants appealed.
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Appeal from the Third District Court, Salt Lake County. — Him. S. W. Stewart, Judge. Action to condemn a right of way' for plaintiff’s aerial tramway over defendant’s mining claim. From a judgment in favor of the plaintiff, the defendants appealed. Kent, in volume 2, page 339, of his Commentaries, says: ‘ ‘ The right of eminent domain, or inherent sovereign power, gives to the Legislature the control of private property for public uses and public uses only;” and on page 340, “But if they should take it "for a purpose not of a public nature, as, if the Legislature should take the property of A…
1Opinion of the CourtMcOARTT, J.
Plaintiff bases its right to condemn on section 3588, Rev. St. 1898, as amended in 1901 (Sess. Laws, p. 19, c. 25) which provides that: “The right of eminent 1 domain may be exercised in behalf of the following public uses: . . . (6) Roads, railroads, tramways, tunnels, ditches, flumes, pipes, and dumping places to facilitate the milling, smelting, or other reduction of ores, or the working of mines. . . .” Appellants (defendants below) contend that the foregoing provision of the statute is in conflict with section 22, art. 1, Const. Utah, which provides that£ ‘ private property shall not be…
Also in this document: Concurrence.
2Cases cited8 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Fletcher v. PeckSupreme Court of the United States · 1810
- United States v. Gettysburg Electric Railway Co.Supreme Court of the United States · 1896
- Dayton Gold & Silver Mining Co. v. SeawellNevada Supreme Court · 1876
- Nash v. ClarkUtah Supreme Court · 1904
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3Cited by24 opinions
- Strickley v. Highland Boy Gold Mining Co.Supreme Court of the United States · 1906
- Norville v. State Tax CommissionUtah Supreme Court · 1940
- Smith v. CameronOregon Supreme Court · 1922
- Parkinson v. WatsonUtah Supreme Court · 1955
- In RE LAVELLE'S ESTATE. IMMERCHAL v. First SEC. BankUtah Supreme Court · 1952
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