PROVO BENCH CANAL AND IRRIGATION COMPANY
v.
TANNER
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A Utah statute permitted property owners to enlarge existing irrigation canals upon payment of damages to the canal owners, and the state courts found that Tanner could enlarge the Provo Bench Canal Company's canals with only nominal damages ($1) since no substantial harm was proven. The Supreme Court affirmed, holding that the state court's factual finding of no substantial damages was supported by the record and did not violate the Fifth Amendment's Due Process Clause, as the canal owners retained the right to recover any actual damages caused by the enlargement.
© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Memorandum opinion by
Mr. Justice McReynolds,
by direction of the court..
Plaintiffs in error, having acquired easements and rights of way over certain lands in the State of Utah, constructed thereon connecting canals to convey water intended for irrigation purposes. Relying upon the provisions of a statute of that State (Compiled Laws, 1907, § 1288 x 22) copied in the margin,1 the validity of which is not contested (Clark v. Nash, 198 U. S. 361), defendant in error, Tanner, instituted the original proceeding, praying for permission to increase the carrying capacity of the canals, that the character of the enlargement and resulting damages be determined, and that, upon payment of the sum assessed and completion of the enlargement, he be decreed the right to flow water therein. Answers were filed, proof taken, and, the cause having been duly heard by the court without a jury, a decree was entered granting the relief prayed under carefully specified conditions, among them being a perpetual bond to protect against future injuries. Each of the owners was awarded one dollar as damages. Upon appeal the action of the trial court was approved by the Supreme Court. 40 Utah, 105.
Counsel for plaintiffs in error asserts here that, “after all, the whole question is, was there a taking of the property of the canal owners;” and, answering this in the affirmative, he maintains that the judgment below deprives. them thereof without due process of law. But the state court, expressly recognizing the right of recovery for any substantial damage, found, as matter of fact, that none had been shown by the proof and consequently only a nominal sum could be recovered. It declared that “nothing is made to appear upon which a finding or judgment for substantial. damage can rest” — “there is no direct evidence upon this point whatever,” and cited Chicago, Burl. & Quincy R. R. v. Chicago, 166 U. S. 226, in support of the award.
The record discloses no error which we can consider (Waters-Pierce Oil Co. v. Texas, 212 U. S. 86, 89), and the judgment is
Affirmed.
When any person, corporation, or association desires to convey . water for irrigation or for any other beneficial purpose, and there is a canal or ditch already constructed that can be enlarged to convey the required quantity of water, then such person, corporation, or association, or the owner or owners of the land through which a new canal or ditch would have to be constructed to convey the quantity of water necessary, shall have the right to enlarge said canal or ditch already constructed, by compensating the owner of the canal or ditch to be enlarged, for the damage, if any, caused by said enlargement; provided, that said enlargement shall be done at any time from the 1st day of October to the 1st day of March, or at any other time that may be agreed upon with the owner of said canal or ditch.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Klor's, Inc. v. Broadway-Hale Stores, Inc., 255 F.2d 214 (9th Cir. 1958)…85, 99, 40 S.Ct. 251, 253, 64 L.Ed. 471; cf. American Tobacco Co. v. United States, 1946, 328 U.S. 781, 808, 66 S.Ct. 1125, 1138, 90 L.Ed. 1575; Federal Trade Commission v. Boech-Nut Packing Co., 1922, 257 U.S. 441, 453-455, 42 S. Ct. 150, 154-155, 60 L.Ed. 307. Still, although much hedged about by later cases, Colgate’s principle protects the Times-Picayune Publishing Company’s simple refusal to sell advertising space in the Times-Picayune or State separately unless other factors destroy the limited dispe…
-
Twin Falls Canal Co. v. Am. Falls Reservoir Dist. NO. 2, 59 F.2d 19 (9th Cir. 1932)…e applied for public uses.’ ” If recovery could be had, it would be limited to the damages caused to its property having no relation to benefit accruing to ap-pellee. Tanner v. Provo Bench Canal & Irrigation Co., 40 Utah, 105; 121 P. 584, affirmed, 239 U. S. 323, 36 S. Ct. 101, 60 L. Ed. 307; Salt Lake City v. East Jordan Irrigation Co., 40 Utah, 126, 121 P. 592. [*25] In Tanner v. Provo Bench Canal & Irrigation Co., supra, 40 Utah, 105, 121 P. at page 589, the court said: “Under such circumstances, the me…1 / 2
Authorities Cited
- Chicago v. Chicago, 166 U.S. 226 (U.S. 1897)
- Waters-Pierce Oil Co. v. State OF Tex. (NO. 1), 212 U.S. 86 (U.S. 1909)
- Clark v. Nash, 198 U.S. 361 (U.S. 1905)