The truth is, that there is a wide distinction between railroads and hotels, and, also, between the business of mining and that of conducting theaters. In such cases the law interferes, and takes the private property of the citizen upon payment of a just compensation, in order to promote an interest of great public benefit to the community, which could not be successfully carried on without the exercise of this power of eminent domain. In the building of hotels and theaters the location is not necessarily confined to any particular spot, and it is always within the reach of capital to make the proper selection, and never within the power of any individual, or individuals, however stubborn or unreasonable, to prevent the erection of such buildings. 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.