Lake Koen Navigation, Reservoir & Irrigation Co. v. Klein

Citations

• 63 Kan. 484
• 65 P. 684
• 1901 Kan. LEXIS 173

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Eminent Domain — Exercise for Public Use. It rests with the courts to decide what is a public use, for the promotion of which the legislature is authorized to confer the power of eminent domain, and with the legislature to determine when this power may be exercised, and the character, quality, method and extent of such exercise.</p> <p>2. - Irrigation. Irrigation in this state is a public use, for the promotion of which the legislature may authorize a private person or corporation to exercise the power of eminent domain.</p> <p>3. - Act of 1891. Whether chapter 133, Laws of 1891 (Gen. Stat. 1901, §§3627-3721), conferred such power to be exercised east of the ninety-ninth meridian, is a query.</p> <p>4. - Acts of 1899 Construed. Such power is conferred by chapter 151, and by section 1, chapter 95, Laws of 1899 (Gen. Stat. 1901, §§1366, 3758). The power therein conferred is not taken away by either section 1367 or section 1368, General Statutes of 1901, or by both together.</p> <p>5. - Subsequent Regulation by-Legislature. A private person or corporation receiving and exercising the power of eminent domain for the promotion of a public use is liable to respond to all reasonable regulations in the matter of the administration of such public use which the legislature shall thereafter prescribe.</p> <p>6. -Purposes of Private Corporations. The fact that the charter powers of a private corporation embrace both private purposes and public uses does not deprive such corporation of the right to exercise the power of eminent domain in the promotion of such public use.</p> <p>■ 7. - Oases Distinguished. The case of The State, ex rel., v. OsawMe Township, 14 Kan. 419, and G. B. U. P. Rid. Go. v.' Smith, Treasurer, etc., 23 id. 746, distinguished.</p>