Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-05-07

| I'D The appraisers may view til
premises so far as they see fit.
u5) They shall procure a stenog
rapher to be in attendance who shall
| take notes of all testimony, and furn
ish transcripts thereof.
90 They shall make a report show
| ing their doings and findings undeI
each branch of the instructions abov.
given and also the date as of which
the valuation was fixed.
The city of Waterville ct ais. nv thei,
attorneys make applications for instrul-
/ tons as follows:
/ % If the court shall be of the oninior
I that either party at this stage of the cas.
| is entitled to instructions under III.
eighth section of the act above men
| toned, the defendants respectfuIIv asL
the court for the following Instructions ~
said appraisers; the defendants under.
standing that preliminary requests for in
structions are authorized by said eighth
section, and that they will be asked for
on the part of the plaintiff. and not
deeminS il right that requests should h.
presented and considered by the court on
the one part and not on the other
(2) That by the terms of chapter 900 ~
the Private and Special Laws of 1899 ey-
cry item of properly within the limits of
the Kennebec Water District and of tl-
/ towns Of Boston ana Winslow included il.
the water system Of the Maine Waite.
Company at the date selected for APP
pTaiSal. then used or disable in ,orner-
ton herewith. whether specifically entI-
merated in said act or not together vii Il
all the real estate within said district then
held by said Maine Water COmnany *
to be taken from said Water Comnany.
and every such item and every valiIahl .
contract, right, privilege or franchise eX-
ercised or capable of being exercised.
within the territory above named must
be considered and allowed for by the an
praisers. separately or otherwise
go That any increase of pecuniarv Oh
legation or burden, or duty. or any dam
age to. or impairment of the value of its
remaining property or franchise in any
way resulting 10 said Maine Water Com
pany by reason OF the exercise of the
right of eminent domain contemplated by
said act of 1899, should be considered ny
said appraisers and just compensa tioi
therefor should be included in their
award.
side property not directly connected with
the water system, so far as included IN
the taking contemplated by this act
should be appraised at its fair market
value, not at forced sale, but at what il
is fairly worth TO the seller Under con-
ditions permitting a prudent and bene-
fetal sale thereof.
90 That, as to the remaining property
constituting the water system to be taken
and the franchises, rights and privileges
cOnstruction-cost of the entire water sys-
tenn, measured at the date selected for
valuation, nor such construction-cos les;
wear and tear and depreciation nor
such conStruction-cost. thus reduced ana
afterwards increased by any adildged
percentage or bonus of profit thereon
can substitute the legal criterion of the
total values to be awarded under the
terms of this Act.
90 That neither can the reproductions
cost thereof, at the date thus selected.
either new or in its then condition, con-
stitute the legal criterion of said total
values.
90 That the cost, at the date thus Sc
lected. of replacing said entire water sys-
TEN by a new one, differently constructed,
put equal or even superior in efficiency
to the one now existing, is not the legal
criterion of said total values.
tS) That, in order 10 determine even Inc
structure-value of said water system, and
to award just compensation to said Maine
Water Company therefor under the
terms of this act, a proper sum must be
allowed by the appraisers in their sound
judgment, separately or otherwise. in adj
dltiOn to its value as otherwise eStab-
lished, for the fact, il proved, that such
water system is not merely an aggregate
of materials fitted for use, without ac.
tual business, service, connections, TAX
erS or income, but Il going concern with
a prohtable business and goodwill al
ready established and with present in
come assured and now being earned
go That in determining the amount
thus to be added to measure adequately
even the Structure-value of said water
system, the appraisers should consider
among other things, the present efficiency
of said system, the length of time neceS-
sary to construct the same de novo. the
time and cost needed, after construction
to develop such new system to the level
of the present one in respect to business
and income, and the added net incomes
and profits, if any, which, by its acquire
ment as such going concern, would ac-
crue to purchaser during the time re-
CURED for such new construction, and
for such development of business and in
come.
QW That in addition to the items to be
valued under request 4, and all the struc-
ture-Values of said water system to be
determined in accordance with requests
and g. the appraisers, under the terms of
this act, must consider and allow for,
as a material and necessary element of
value, by separate item or otherwise, all
and several the franchises, rights and
privileges, whether now used or capable
of being used, of the Maine Water Com
pany, so far as they relate in any man
ner to the territory included within the
kennebec water district and the towns
of Benton and Winslow, including spe-
officially all the rights of said company
to supply water to municipalities and to
all the inhabitants within the entire ter
Titory above named, all rights incidental
thereto. or connected Herewith. and the
right to receive and appropriate the net
incomes and revenues from its business
enterprise OF undertaking considered as 4
whole.
Cd That the value of a franchise de-
Ponds on its productivenes or net earning
power, present and prospective, developed
or capable of development, within the en-
tire territory embraced by the taking;
that whenever net earning power, or net
incomes and revenues, is to be determined
under this act, it is to be so determined
under reasonable water rates, after due
allowance for operating-ex and
maintenance or depreciation that the
value OF all franchises, rights and privi-
leges to be taken is their full value. not
to the taker but to the seller; that lust
compensation for everything or element
of value taken, and that nothing less
than such full compensation can be le-
gally awarded. either under the terms of
this Act, or under the requirements of the
constitution of this State and of the Uni
ted States.
02) That the fact that the franchises,
rights and privileges of said Maine Water
Company are to be taken under this Act
in no respect destroys or impairs their
value to said Water Company and car
not diminish or affect the amount to b.
awarded as just compensation therefor.
Q3) That in estimating said franchises
and the present and future net earning
power included therein. the appraisers
should duly weigh the nature and extent
of these franchises, rights and privileges
whether the same are perpetual or other
wise: also, so far as proved the rights