State ex rel. Springfield Investment Co. v. Superior Court

Citations

• 78 Wash. 679
• 139 P. 601
• 1914 Wash. LEXIS 1082

Syllabus

<p>Eminent Domain — Condemnation—Parties Entitled — Individuals. The exercise of the right of eminent domain has not been conferred upon individuals; hence a condemnation proceeding by a corporation is unwarranted, where it appears that the corporation was formed by a private partnership which was engaged in purchasing lands for a power plant, pursuant to a contract with a broker employed to buy the land, whereby the copartnership agreed to form the corporation for the purpose of condemning lands if all the required lands could not be purchased reasonably, the award and costs in the condemnation proceedings to be deducted by the broker from the agreed-upon purchase price; it also appearing that the stockholders in the corporation thus formed were all identified with the copartnership and that the capital stock was but $25,000, while the power plant was to cost $2,000,000; since all the facts show want of good faith and intent to condemn lands to be conveyed to the copartnership.</p>