Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-05-29
SEIZURE OF RIGHTS.


lure NJ Utah u bill was introduced 10
extend the power ~ eminent domain
10 the acquisition NJ wulor rights by
municipalities for public usca under
proper regulations md restrictions
But after II hnd boon discussed aud
amended. nnd objections that had been
offered were removed, the majority Of
iho mombcra were against tho moa.
uure because Of their contention that
water rights were mollcnoblc, and ~
IN much more Importance than realty
rights that they would not permit any.
'hing that would appear likely to on.
danger thcm
Salt Lake city and some other cities
were very anxious Tor the passage ~
Tho bill, because OF intended improve.
monte In Tho water supply which were
hindored BY the obstinaoy ana stupid
ny OF some people who stood In the
way Tho defeat Of tho bill was con.
rldored public calamity, because the
general UNDERSTANDING Of the laws Of
The state on eminent domain was that
They did not reach water rights, which
were Intentionally left out OF the emu.
,ncratlon " properties that might be
condemned for public usos
Tho property aud franchises OF pr.
Naio corporations ARE subject to the
law OF eminent domain, tho sumo ~
tho property Of private individuals
but not of any other kinds than those
designated by statute, The uses for
which the rght ~ eminent domain may
be exercised form one part Of the law,
md the kinds Of property which may
be taken for those uses form another
pnrt Of the Jaw, Eminent domain may
be exercised for the public use ~
"cnnnls, reservoirs, dams, bitches,
fumes, ncqucduots, nud pipes for sup,
plying and storing water for tho opera.
zion OF machinery for tho purpose Of
generating md transmission Of cleo.
trloity for power, lght or heat"
liu, while The right may be exercised
FOR those uses, II only extends to the
KINDS ~ property named IN the law as
subject 10 condemnation These are lin.
tied TO fec simple nm easement, the
occupation of lands and the right to
take thorofrom Garth, gravel. stone
troca or timber for public use, real
property OF any person, lands belonging
10 the state u county or incorporated
tl,y or town, whom moro necessary for
d public use than that to which II has
already been appropriated, All kinds Of
franchises and rights OF way and all
classes of private property when such
taking II authorized by law"
In mono Of these specifications arc
Mator rights named or alluded to- In
consequence OF this intentional omls-
plon, II has been hold both by lawyers
md laymon acquainted with the intent
of the legislature, that the right OF ON.
tnent domain extending 10 other clnasos
NJ property, does not include tho con.
flemnntlon for public usoa OF private or
corporate water rights,
Hut II N now asserted by somo cap-
ublo attorneys that wnlor rights are
subject to the law OF eminent domain,
md there has been much jubilRtion
among enemies ~ the Utah Light aud
Railway company over lhla announce.
mcnt They Hcom 10 be- under the I'M.
Nprcsslon that ull that the city has to do
M order 20 acquire the properties
which It needs and applied for to tho
company on such terms me- could be
pglood upon N 10 seize upon those
properties which uro Wator.powcr
rights that Che company hps held for
many yoNra and that therefore ihcre w
30 need for amy negotiations with tho
company ana mat It ie not necessary
a. furnish qua pro Quo,
Now, surprising that the opinion Of
the attorneys. which i8 contrary to- that
hitherto held ON thm subject
proves 10 be- correct, ana that
Salt Lake cay has the right uudor the
law Of eminent domulu ia proceed for
The condemnation of those water rights
which II desires To obtain, what thcn9
Tho city must proceed according "
law Wlt would have 10 be- planted
IN tho dlstrct court Al tho claim.
ants ana owners Of tho properties de-.
tired must ho nude defendants. An
the parties N interest have lho right
10 appear
Tho value " the properties Hought
~ be condemned ana the damugos
which would accrue from the condcm,
nation must be proved ana decided nc.
cordlng 90 The equity NJ Inc caso, The
court, jury commissioners or roforoo
having jurlsdlcion NJ the case, must
hear ana ascertain ana make nescps.
mcnt according 20 the value of that
which n TO bo takou nnd the dnmagca
which win urIse from taking II, s1
that tho city cannot grab tho prop.
orty Of the company by any such forcl,
bic measures no some folks indicate
and seem to dorrc
There has boon great doal of non,
ronso uttered concerning tho rights OF
Tho company 10 the wator powers which
tho city desires 10 acquire, Theac
rlghte heyo been held by the company
Cor many years and work has been