Boalsburg Water Co. v. State College Water Co.

Citations

• 240 Pa. 198
• 87 A. 609
• 1913 Pa. LEXIS 651

Syllabus

<p>Eminent domain — Water companies — Appropriation of stream— Measure of necessity — Legal formalities — Evidence—Lost minutes —Proof—Deed for riparian rights — Condemnation by second company — Equity—Injunction.</p> <p>1. The legal formalities necessary for the condemnation of the water of a stream hy a water company are sufficiently complied with, where it appears proper resolutions to condemn were duly adopted by the board of directors directing a location on the ground, which were followed by actual location and formal acceptance by the corporation. Such resolutions may be proved by secondary evidence where it appears the minutes have been lost or destroyed or never recorded.</p> <p>2. Where a water company, having the right of eminent domain, formally condemned the water of a certain stream for use in supplying the public with water, and thereafter accepted a deed from the owner of said water conveying “every right that could be acquired by the party of the second part hy condemnation proceedings under the right of eminent domain,” and there is nothing in the record to show that the claim to said waters under the right of eminent domain was abandoned, the settlement of damages and acceptance of the deed is in aid, and not in limitation or derogation, of the original purpose to acquire the water for public use under the power of eminent domain. The statute clearly contemplates an effort to amicably settle the question of damages with the riparian owner. Rights conferred under the power of eminent domain may be acquired by an adverse condemnation proceeding, but they may also be acquired after proper colórate action has been taken by an equivalent agreement between the parties.</p> <p>3. In such case the condemning company has the right to condemn so much water as may be necessary not only for present purposes but for future needs. The amount necessary for' its present and future needs is determined in the first instance by the condemning company (subject to rev