State ex rel. South Fork Log Driving Co. v. Superior Court

Citations

• 102 Wash. 460

Syllabus

<p>Eminent Domain—Necessity—Practicability;. Upon certiorari to review a finding of public necessity, that the plan invites engineering difficulties will not defeat the proceedings when it cannot be said to be impracticable, as relators lose nothing if the scheme fails.</p> <p>Same—Necessity—Finding—Sueeiciency. A finding of public necessity is sufficient without finding in terms that the public interest required it, where from the facts found it appeared that plaintiff had a franchise to furnish a city with water, that the city depended upon the company, whose supply was insufljeient to meet growing demands, and that the company was condemning in aid of its franchise, in view of Rem. Code, § 925, requiring that the enterprise be public, required in the public interest, and the property sought necessary therefor.</p> <p>Same—Property Devoted to Public Use—Navigable Stream— Public Necessity. A timber company having large tracts adjacent to a stream navigable for logging purposes, and making prior use of the stream as a highway, cannot resist condemnation thereof by a water company for the purpose of supplying a city with water, but is entitled to recover its damages pro tanto, to the extent of its injury; since property devoted to a public use may be condemned for a different public use where there is a public necessity therefor.</p> <p>Same—Property Devoted to Public Use—Anticipation of Future Needs—Public Necessity. A water company supplying a city with water cannot resist condemnation by another water company for the same purpose, of lands acquired and held by it as a riparian owner on the stream in anticipation of its future needs, where it is not shown that it has put or intends to put the lands to a public use within a reasonable time, or that the same will be necessary for the carrying out of its franchise obligations to the city, or that it has the right or means to divert the water; its right as riparian owner giving it no right to divert the stream (overrul