State ex rel. Mason County Power Co. v. Superior Court

Citations

• 102 Wash. 291

Syllabus

<p>Eminent Domain—State Property — Water Rights — Statutes. The right to acquire state property is not granted hy Laws 1917, p. 447, § 4, declaring that the beneficial use of water is a public one, and providing that any person may exercise the right of eminent domain to acquire any property or rights necessary for the storage of water for beneficial uses; since the power must be clearly granted and will not be implied, and the statute must be strictly construed; and especially since the act, being part of the general water code, was not intended to, and did not, repeal Rem. Code, § 6828, covering proceedings to condemn state property.</p> <p>Same — Statutes — Retroactive Effect. Where there was no right to condemn state property at the time the proceedings were instituted, subsequent legislation authorizing the condemnation of state property would not retroactively affect or sustain the suit.</p>