Raystown Water Power Co. v. Brumbaugh

Citations

• 246 Pa. 225
• 92 A. 140
• 1914 Pa. LEXIS 498

Syllabus

<p>Eminent' domain — Water company — Extent of power to appropriate — Bights of property owner — Practice, S. C. — Order approving Bond — Appeal from order — Act June 19, 1871, P. L. 1860.</p> <p>1. An order approving a bond filed by a water company in a proceeding to condemn land is interlocutory in its nature, and from sucb an order an appeal does not lie.</p> <p>2. A water company incorporated under-the Act of April 29, 1874, P. L. 73, as amended by tbe Act of May 16, 1889, P. L. 226, for tbe purpose “of tbe supply, storage and transportation of water and water power for commercial and manufacturing purposes,” possesses tbe right of eminent domain.</p> <p>3. A Water company 6r water power company can condemn land for the purposes specified in the statutes, but cannot condemn more land even for these purposes than is reasonably necessary to conduct the business of the corporation.</p> <p>4. Where a water company is about to condemn land located seven miles from its reservoir, the owner may raise the question of the water company’s right to condemn under the Act of June 19, 1871, P. L. 1360, without applying to the attorney general to institute the proceedings.</p>