[Download] "State Ex Rel. Livingston v. District Court" by Supreme Court of Montana * eBook PDF Kindle ePub Free

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eBook details

• Title: State Ex Rel. Livingston v. District Court
• Author : Supreme Court of Montana
• Release Date : January 20, 1931
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

Supervisory Control Writ ? Eminent Domain ? Highways ? Waterway Crossing Highway at Several Places ? Power of Board of Commissioners to Take Land for Diversion of Stream in Interest of Economy. Eminent Domain ? Highways ? Meaning of Term "Necessity" for Public Use. 1. In an action to condemn private property for a public use (highway) the question of necessity, which term in this connection does not mean an absolute or indispensable necessity but does mean, reasonable, requisite and proper for the accomplishment of the project, is one of fact to be determined from the evidence in the case. Same ? Questions of Fact Determinable ? Proof to be Clear and Convincing. 2. The questions of fact determinable in a condemnation proceeding relate to the greatest good to the public and the least injury to the citizen whose property is sought to be taken, and where it is sought to show unnecessary injury to his property, the proof must be clear and convincing. Same ? Necessity of Taking of Property ? When Finding of Court Conclusive. 3. Where the finding of the district court on the question of the necessity of the taking of the property sought to be condemned for a public use is supported by substantial testimony, it is conclusive. Same ? Waterway Crossing Highway at Several Places ? Power of Board of County Commissioners to Divert Stream to Avoid Building of Several Bridges. 4. Held, on application for writ of supervisory control, that where a highway is so laid out that a waterway will cross the road at several places, necessitating the building of a bridge at each of such places, boards of county commissioners have the power, in the interest of economy and good public policy, to condemn additional land for the purpose of diverting the stream into a new channel if thereby construction of all bridges but one may be avoided, especially so where it is conceded that a change in the channel is necessary, that the route chosen is the most feasible one, and that a part of the land in question must be taken in any event.

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