State ex rel. Washington Boom Co. v. Chehalis Boom Co.

Citations

• 82 Wash. 509
• 144 P. 719
• 1914 Wash. LEXIS 1551

Syllabus

<p>Eminent Domain — Property Subject — Previous Devotion to Public Use — Boom Companies — Priorities. The fact that a boom company, in order to initiate its. appropriation, filed its map and survey in 1891, as required by Rem. & Bal. Code, § 7111, does not prevent the condemnation of a portion of its property by a rival boom company, where for twenty years the first company had made no use of more than one-tenth part of its appropriated shore rights, and there was no evidence that it would require the use of more than it had improved, while it appeared without question that the second company had immediate use and necessity for the shore rights it sought to condemn; the question being determined by the present or prospective use of the condemner, and the comparative advantages to the public and the condemner and condemnee.</p>