Helena Power Transmission Co. v. Spratt
U.S. Circuit Court for the District of Montana
On Motion to Remand to State. Court. The plaintiff, a New Jersey corporation, on April 25th last instituted this proceeding in the state courts, under the eminent domain laws of the state of Montana, to condemn certain lands for flooding purposes; it being alleged that it. is necessary, for it to cover the lands described with water in the operation of its dam and electrical plant. It alleges that five tracts, each of which is separately described, are necessary.
Read the full summary
On Motion to Remand to State. Court. The plaintiff, a New Jersey corporation, on April 25th last instituted this proceeding in the state courts, under the eminent domain laws of the state of Montana, to condemn certain lands for flooding purposes; it being alleged that it. is necessary, for it to cover the lands described with water in the operation of its dam and electrical plant. It alleges that five tracts, each of which is separately described, are necessary. No question arises as to any óf tile tracts except what is called No. 5. Plaintiff alleges that the reputed owners of No. 5 tract…
1Opinion of the CourtHunt, District Judge
(after stating the facts). After a careful examination of the authorities, I have concluded that the proceeding in the state court is a suit or controversy to which the judicial power of the United States extends. Traction Co. v. Mining Co., 196 U. S. 246, 25 Sup. Ct. 251, 49 L. Ed. 462; South Dakota Central Ry. Co. v. C. M. & St. P. R. Co. (C. C. A.) 141 Fed. 578. The proceeding under the statutes of the state of Montana must be in court from its initiation. It is therefore to be distinguished from a proceeding purely administrative until report is filed. Title 7, pt. 3, Eminent Domain, Code…
2Cases cited31 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Tennessee v. Union & Planters' BankSupreme Court of the United States · 1894
- Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
- Madisonville Traction Company v. Saint Bernard Mining CompanySupreme Court of the United States · 1905
- Barney v. LathamSupreme Court of the United States · 1881
26 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Halpin v. Savannah River Electric Co.Court of Appeals for the Fourth Circuit · 1930
- Thresher v. Western Union Telegraph Co.District Court, D. Montana · 1906
- Halpin v. Savannah River Electric Co.Court of Appeals for the Fourth Circuit · 1930