State ex rel. Union Trust & Savings Bank v. Superior Court

Citations

• 84 Wash. 20
• 145 P. 999
• 1915 Wash. LEXIS 746

Syllabus

<p>Eminent Domain — Pbopebty Subject — 'Auready Devoted to a Public Use — Future Needs — Evidence — Sufficiency. An electric power company desiring to construct a hydro-electric power plant on its site cannot condemn a power site further up the river which another similar public service corporation, already extensively operating, had acquired for its‘future needs with the intention of devoting it to the same public use within a reasonable time, and the development of which it now intends to prosecute with diligence, having the means to do so; especially where it clearly appears that, by reason of the more extensive field to be served and the magnitude of its present business, the full capacity of such site will be required as soon as it can be developed in order to keep pace with the natural expansion of its present public service.</p> <p>Same — Pbesumptions. Property acquired by a public service corporation in reasonable anticipation of its future needs, is deemed devoted to a public use until abandonment of intention to so use it.</p>