Waterbury Democrat., 1902-06-20
CASES DECISION.
Fine Points of the Law Made
 Clear in Sewage Case.
CITY'S RIGHT TO OCCUPY LAND

If Court Allowed It to Pay Damages
 for Five Years There Might Be
 Nothing to Prevent It From So Do-
 ing for All Time-The Judge Over-
 ruled the Demurrer and the City
 Must Look Out for Its Sewage.
 In his decision on the demurrer to Colonel Burpee's motion for the ap- pointment of committee to assess limited damages to the Platt Eros, in their suit against the city for dam ages arising out of the sewage systenls Judge Case follows a far different llne of reasoning than that of any of the counsel engaged in the case. This de- cision he handed down yesterday, sus- taining the demurrer, thus ruling against the city. The city asked thar d committee be appointed to assess damages for five years, for ar the end of that time the sewage would De taken out of the river and the property of the plaintiffs which the city asked to be condemned would be returned un- impaired to them. The plaintiffs asked that damages be assessed for all time. The city did not want to buy the prop
 
 for five years, hoping that at the end of that time another sewage system would be adopted. Following is the vital part of Judge Cases decision:
 "It is unquestionably true that where limited interest," is sufficient for it's pur- pose, the city is not bound to take an absolute one; but this general rule de- pends quite as much upon the regard which the law has for rights of the property owners, as upon any indul- gence which it accords the municipali- ty. Private ownership is to be in- vaded so far, and only so far, as public needs require.
 "A mere temporary occupation OF land, or a temporary seizure of any part of the owners right in IT, presents quite a different situation. If the city may take property for term of years, it may take it for months. or for pe- riod limited only by days, it's temporary control being absolute and It's occupa- ton carrying with it the right to adapt the property to such uses as it's char tered purposes require, all upon the payment of damages to be figured strictly upon the term for which it sees fit to remain in possession. So vague and broad a right can only be predi- cated, if at all, upon definite and pre- else authority. It may perhaps, be questioned if even a clear legislative grant of such right without more ex- act limitations as to it's exercise than appear here, would not itself contra vene sound public policy. But however that may be, no such right is to be either inferred from doubtful terms. or assumed as an incident to the general power where that is given broadly. The possible mischief Of such con- struction is obvious and no such legis- lative intent can be read into the con- trolling provisions of the act relied upon.
 "The application is based wholly upon this construction of the city's powers, and calls for the appointment of a committee to estimate and award damages for such a temporary use of property as has been pointed out That being clear upon its face, the applica- ton is insufficient and is properly at- tackled at this stage of the proceedings. For the causes assigned the demurrer is sustained.'