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· 3/18/1879

Boom Co. v. Patterson

Citations

  • 98 U.S. 403
  • 25 L. Ed. 206
  • 1878 U.S. LEXIS 1396

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that highest and best use should be “viewed not merely with reference to the uses to which [the land] is at the time applied, but with reference to the uses to which it is plainly adapted”
  • stating that the task of commissioners appointed to appraise the value of condemned land was “not a suit at law in the ordinary sense of those terms”
  • the right of eminent domain is an attribute of sovereignty and is not dependent on authority conferred by the Constitution
  • in some instances, a departure from the unit rule may be necessary to avoid grossly unjust results
  • utility company may exercise delegated eminent domain power over private property for public use
  • “When the use is public, the necessity or expediency of appropriating any particular property is not a subject of judicial cognizance.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Field

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.