Helena Water Works Co. v. Helena

Citations

• 195 U.S. 383
• 25 S. Ct. 40
• 49 L. Ed. 245
• 1904 U.S. LEXIS 728

Syllabus

<p>Nothing is to be taken against the public by implication; under the constitution and laws of Montana a grant by a municipality to a water works company of the right to erect and maintain water works, which expressly declares that it is not exclusive, does not raise an implied contract that the grantor will not provide its own water supply during the term of the franchise even though by accepting the terms of the franchise the grantee expressly agrees to furnish water to all the inhabitants of the city who may desire to contract for the same during that period, and the erection of its own plant by the city does not, by reason of the depreciation in value which would result therefrom to the grantee’s property, violate a contract obligation or amount to a taking of property without just compensation or due process of law within the moaning of the Federal Constitution.</p>