Portneuf Irrigating Co. v. Budge
Idaho Supreme Court
Original application for a writ of prohibition. The taking of the possession of property pending the action is a “taking” within the meaning of sec. 14, art. 1 of the constitution. . (Authorities cited in opinion.) Under the above provision of the constitution, compensation must be paid before a “taking” is authorized.
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Original application for a writ of prohibition. The taking of the possession of property pending the action is a “taking” within the meaning of sec. 14, art. 1 of the constitution. . (Authorities cited in opinion.) Under the above provision of the constitution, compensation must be paid before a “taking” is authorized. (15 Cye. 776; Carrico v. Colvin, 92 Ey. 342, 17 S. W. 854; Martin v. Tyler, 4 N. D. 278, 60 N. W. 392, 25 L. R. A. 838; Oregonian B. B. Co. v. Hill, 9 Or. 377; Pratt v. Boseland B. Co., 50 N. J. Eq. 150, 24 AtL. 1027; Stolze v. Milwaukee etc. B. Co., 104 Wis. 47, 80 N. W. 68.)…
1Opinion of the CourtAilshie, J.
This is an action commenced in this court by the plaintiff, Portneuf Irrigating Company, against the judge of the fifth judicial district, praying for the issuance of a writ of prohibition. The plaintiff is the owner of an irrigating canal in Bannock county through which it conveys water for the irrigation of about 2,500 acres of land. On January 23, 1909, the Portneuf-Marsh Valley Irrigation Co., Ltd., a corporation, commenced an action in the district court of Bannock county, against the plaintiff herein and others, whereby it sought to condemn, sufficient of the plaintiff’s canal and right…
2Cases cited29 opinions
- City of Pasadena v. StimsonCalifornia Supreme Court · 1891
- Butte, Anaconda & Pacific Railway Co. v. Montana Union Railway Co.Montana Supreme Court · 1895
- Cary Library v. BlissMassachusetts Supreme Judicial Court · 1890
- Kettle River Railroad v. Eastern Railway Co.Supreme Court of Minnesota · 1889
- Toncray v. BudgeIdaho Supreme Court · 1908
24 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Boise Valley Construction Co. v. KroegerIdaho Supreme Court · 1909
- Fogelstrom v. MurphyIdaho Supreme Court · 1950
- Wrightsman v. Southwestern Natural Gas Co.Supreme Court of Oklahoma · 1935
- Canyon View Irrigation Co. v. Twin Falls Canal Co.Idaho Supreme Court · 1980
- Bassett v. SwensonIdaho Supreme Court · 1931
36 more not listed; retrieve them via the Exa API.