They are not the subject of judicial investigation as to their existence, but the local courts know and appreciate them. They understand the situation which led to the demand for the enactment of the statute, and they also appreciate the results upon the growth and prosperity of the state, which, in all probability, would flow from a denial of its validity. Public use is in every case a matter of local policy. It is well established in this state that mining, being a paramount industry, is a public use, and the power of eminent domain can be exercised in the furtherance of the development of mines and the extraction and reduction of ores contained therein. Open pit mining is included within the statute authorizing eminent domain for all mining purposes.
Eminent domain is proper for a change of location, as well as original construction.
The role of the judiciary in determining whether the power of eminent domain is being exercised for a public purpose is an extremely narrow one. Urban Renewal Agcy. Once an area is properly considered a blight, buildings within the area may be taken even though they may be sound by themselves. Eminent domain for redevelopment is not improper because private enterprise is chosen to effect the redevelopment. Possessory use by the public is not an indispensable prerequisite to the lawful exercise of the power of eminent domain.