Legal Opinion

Town of Tremonton v. Johnston

Utah Supreme Court

Decided March 9, 1917No. 2938PublishedCited by 10 opinions

Appeal from District Court, First District; Eon. J. D. Call, Judge. Proceedings by the Town of Tremonton, under the eminent domain statute, against William Johnston and others. Judgment of condemnation. Defendants appeal.

1Opinion of the CourtFeick, C. J.

The town of Tremonton, in Box Elder County, Utah, commenced this proceeding under our eminent domain statute to condemn a certain spring and to appropriate the waters thereof for the use of the inhabitants of said town. At the hearing it was shown that the spring in question was the property of the defendant William Johnston, and hence the other defendants will not be further noticed.

The proceeding is based upon Comp. Laws 1907, section 206x2, which reads as follows:

"That it shall be lawful for the city council or board of trustees of any city or town in this state to purchase or lease all or…

2Cases cited1 opinion

  1. State v. Mayor of Jersey CitySupreme Court of New Jersey · 1891

3Cited by10 opinions

  1. Marion Energy, Inc. v. KFJ Ranch PartnershipUtah Supreme Court · 2011
  2. Salt Lake County v. Murray City RedevelopmentUtah Supreme Court · 1979
  3. W. & G. Co. v. Redevelopment Agency of Salt Lake CityCourt of Appeals of Utah · 1990
  4. Hardy v. Beaver County Irr. Co.Utah Supreme Court · 1924
  5. Town of Perry v. ThomasUtah Supreme Court · 1933

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