Peters v. Reading

Opinion by

Mr. Justice Linn,

The only question is whether the appellant city may withdraw and discontinue condemnation proceedings in the circumstances disclosed by the record.

The right of eminent domain is an attribute of sovereignty, inherent in the State, to be exercised subject to applicable provisions of the Constitution and in accord with statutes regulating procedure. It is generally exercised by the State, or by agencies to which the State delegates the power, such as municipal corporations and others sometimes designated quasi-public corporations.

It has been held that, in the absence…