State ex rel. Weyerhaeuser Timber Co. v. Superior Court

Citations

• 71 Wash. 84
• 127 P. 591
• 1912 Wash. LEXIS 697

Syllabus

<p>Eminent Domain — Proceedings—Prerequisite—Adoption op Plan or Location. Under Rem. & Bal. Code, § 925, making tbe question of public necessity in condemnation proceedings a question for the court to finally decide, a formal resolution by the corporation adopting the particular plan or location prayed for in the petition, is not essential, either to pleading or proof, as a prerequisite to an adjudication of public use, where the contest is between the relator and the landowner, and there is no question of priority between rival companies making time material; the filing of the petition being sufficient as against the landowner.</p> <p>Same. The prosecution of condemnation proceedings for certain lands, instituted by an authorized attorney of the petitioner, is a ratification of the proceeding, and estops the petitioner from claiming that the action was unauthorized.</p> <p>Eminent Domain — Public Use — Power Plant — Electric Light— Private and Public Purposes. A condemnation for an electric power plant is for a public use, where the only present market for the power and the only present purpose was to furnish electric light for a town and its inhabitants; and it is immaterial that the petitioner was also authorized by its articles to sell power for all purposes, public and private; since these uses are separable.</p> <p>Same — Public Use — Necessity. Condemnation for an 80 horse power plant, to furnish electric light to a town that has present need for only 30 horse power, is not excessive, in view of the probable growth of the town, where there is no intention to use the power for other than public use, except in such small quantities as to be insignificant and incidental to the main public purpose.</p> <p>Same — Public Necessity — Presumptions—Evidence. In condemnation for an electric light plant by a company having a franchise and under agreement to furnish a town with electric light, it will be presumed that the enterprise is in the interest of the public, and