State ex rel. Harris v. Olympia Light & Power Co.

Citations

• 46 Wash. 511
• 90 P. 656
• 1907 Wash. LEXIS 653

Syllabus

<p>Eminent Domain — Power Purposes — Flooding Land. Condemnation for the purpose of developing power for street car and electric light purposes is authorized where it is sought to raise the waters in a lake to he used as a reservoir during the summer months when the supply was inadequate, and the land sought to be condemned would be covered by such raising of the waters of the lake.</p> <p>Same — Temporary Purposes. Condemnation of land to develop power for street car and electric lighting purposes cannot be objected to as being for a merely temporary purpose, from the fact that in six years more power would probably be required, where no intention is shown to abandon the same at such time.</p> <p>Same — -Parties Entitled — Powers of Corporation — Public and Private Uses. Condemnation of land to develop power for street car and electric lighting purposes cannot be objected to on the ground that the company’s articles of incorporation authorizes it to sell electric light to the public, which was not a public use, thereby easily evading detection in wrongfully using the power for private purposes, where the petition and testimony show that the lands sought to be condemned are necessary for a public use, and especially where the evidence shows that the amount used for private purposes could be readily ascertained.</p> <p>Same — Damage to Other Lands — Diversion of Water. A condemnation of land for the purpose of developing a water power is not objectionable on the ground that it will damage other lands by diverting water therefrom, where it is only proposed to divert water during the freshets and high water.</p>