Big Lost River Irrigation Co. v. Davidson
Idaho Supreme Court
APPEAL from tbe District Court of the Sixth Judicial District for Bingham County. Hon. J. M. Stevens, Judge. Action to condemn property for public use. Judgment for defendants. Plaintiff appealed.
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APPEAL from tbe District Court of the Sixth Judicial District for Bingham County. Hon. J. M. Stevens, Judge. Action to condemn property for public use. Judgment for defendants. Plaintiff appealed. An unconditional personal judgment in eminent domain proceedings should not be entered against the condemnor, but such judgment should be conditional, condemning the land to the condemnor’s use upon payment of the sum awarded. {Madera County v. Raymond Granite Co., 139 Cal. 128, 72 Pac. 915; McCall v. Marion County, 43 Or. 536, 73 Pac. 1030, 75 Pac. 140; Florence E. D. & W. V. Ry. Co. v. LUley, 3…
1Opinion of the CourtStewart, C. J.
This action was brought by appellant to condemn 861.45 acres of land as a right of way for a dam and reservoir site. The complaint is in the ordinary form and states all the facts required by Rev. Codes, see. 5216. Respondents admit in their answer that the land described in the plaintiff’s complaint is necessary for the proper and convenient construction of the dam and reservoir mentioned in the complaint and the permanent flooding occasioned thereby, and also admit and allege as an affirmative defense that respondents are the owners and in possession of the northwest quarter of the…
2Cases cited20 opinions
- Idaho-Western Railway Co. v. Columbia Conference of Evangelical Lutheran Augustana SynodIdaho Supreme Court · 1911
- Knowles v. New Sweden Irrigation DistrictIdaho Supreme Court · 1908
- Portneuf Irrigating Co. v. BudgeIdaho Supreme Court · 1909
- Bensley v. Mountain Lake Water Co.California Supreme Court · 1859
- California Southern Railroad v. Southern Pacific RailroadCalifornia Supreme Court · 1885
15 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Reed Orchard Co. v. Superior CourtCalifornia Court of Appeal · 1912
- Renninger v. StateIdaho Supreme Court · 1950
- Village of Lapwai v. AlligierIdaho Supreme Court · 1949
- County of Maricopa v. PaysnoeArizona Supreme Court · 1957
- Yellowstone Pipe Line Company v. DrummondIdaho Supreme Court · 1955
8 more not listed; retrieve them via the Exa API.