Columbus Waterworks Co. v. Long

Decision Date11 April 1899
Citation121 Ala. 245,25 So. 702
PartiesCOLUMBUS WATERWORKS CO. v. LONG ET AL.
CourtAlabama Supreme Court

Appeal from probate court, Lee county; W. C. Robinson, Judge.

Condemnation proceedings by the Columbus Waterworks Company against Emma Long and others. There was a judgment for defendants, and plaintiff appeals. Reversed.

This was a proceeding which was instituted by the appellant, the Columbus Waterworks Company filing an application to the probate court of Lee county for the condemnation of certain lands in said county belonging to the appellees, who were made parties respondent, to the petitioner's use.

The petition describes the lands sought to be conveyed, gives the names, ages and residences of the owners thereof, and alleges that the petitioner, the Columbus Waterworks Company, is a corporation under the laws of Georgia, with its residence and place of business in the city of Columbus, Georgia "that it is a corporation, supplying water for the public to the inhabitants of the towns of Ph nix City and Girard, in this state, and Columbus, in the state of Georgia and that in order to prevent its source of water supply from being polluted, it is necessary for it to acquire title ownership and control" of said lands; "that petitioner has endeavored to acquire title, ownership and control of said lands by purchase from the owners thereof but that petitioner and the said owners cannot agree as to the price to be paid for said lands; that petitioner herein seeks the condemnation of said lands so as to vest in it the absolute title, ownership and control of and to the same in itself; that the use and purpose for which it is sought to be used is for a watershed for its reservoir, so as to prevent the pollution of its source of water supply. The prayer is for process, for a jury to assess the damages, and for an order of condemnation. This is substantially all the allegations of the petition.

To the petition, the respondents demurred upon the following grounds: "(1) Said petition shows on its face that the petitioner, the Columbus Waterworks Company, is a corporation organized under the laws of the state of Georgia, and that it has its residence and place of business in the city of Columbus, county of Muscogee, and state of Georgia, and fails to aver or show that it is authorized by its charter granted it in said state of Georgia, to supply water for public use to the inhabitants of Ph nix City and Girard in the state of Alabama. (2) Said petition fails to show or aver that petitioner has corporate authority to perform such a public duty in the state of Alabama as will give it the power to exercise the right of eminent domain in Alabama, and against landowners in this state. Said petition fails to show or aver that petitioner has corporate authority to supply water for the public to the inhabitants of cities, towns or villages in the state of Alabama. (3) The law does not authorize the condemnation of a watershed to prevent pollution of the source of water supply unless said watershed is shown to be necessary for that purpose. (4) The said petition fails to aver or show with sufficient clearness that the land sought to be condemned in this proceeding is necessary to prevent the pollution of its source of water supply. (5) Said petition fails to set forth with sufficient clearness the uses or purposes for which the lands are sought to be taken. (6) Said petition fails to show or aver that petitioner made a bona fide effort to agree with these defendants as to the price of the land sought to be condemned. (6 1/2) The petition fails to state what price was offered to these defendants for their lands. (7) Under the laws of Alabama complainant would have no right to acquire title or ownership over the lands of these defendants. (8) That a foreign corporation has no right to exercise eminent domain in Alabama. (9) That complainant has no right to condemn these defendants' lands for the purpose of a watershed for petitioner's revision or source of water supply. (10) Petitioner, as a Georgia corporation, has no right to condemn these defendants' lands in order to enable it to furnish water to the towns, villages and cities of Georgia." Upon the hearing of these demurrers, the 1, 2, 3, 4, 5, 6, 6 1/2, and 10 were sustained, and the 7, 8 and 9 grounds were...

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26 cases
  • Grover Irrigation and Land Company v. Lovella Ditch, Reservoir and Irrigation Company
    • United States
    • Wyoming Supreme Court
    • April 7, 1913
    ...state, and "indirectly contribute to the prosperity of the whole community." The obiter dictum found in the Alabama case of Water Works Co. v. Long, 25 So. 702, is cited the sole authority for the text in Lewis on Eminent Domain, and is neither controlling nor applicable here, for the reaso......
  • Twin City Power Co. v. Savannah River Elec. Co.
    • United States
    • South Carolina Supreme Court
    • November 26, 1930
    ... ... trespassers and [163 S.C. 463] tortfeasors. So long as the ... property was of sufficient value to secure the payment of the ... debt, the trustee ... 682, 686 ...          To the ... same effect is Columbus Waterworks Co. v. Long, 121 ... Ala. 245, 25 So. 702 ... [161 S.E. 762] ... ...
  • Seabrook v. Carolina Power & Light Co.
    • United States
    • South Carolina Supreme Court
    • November 12, 1930
    ... ... There could be no final ... determination of the rights of the parties in the action so ... long as the taking of the property, payment of the award, ... and vesting of the right was optional ... 229; ... Washington Water Power Co. v. Waters, 19 Idaho, 595, ... 115 P. 682; Columbus Waterworks Co. v. Long, 121 ... Ala. 245, 25 So. 702; In re Townsend, 39 N.Y. 171 ... ...
  • The Great Western Natural Gas And Oil Co. v. Hawkins
    • United States
    • Indiana Appellate Court
    • March 11, 1903
    ... ... Brewer, ... 54 Ala. 288; McCulley v. Cunningham, 96 ... Ala. 583, 11 So. 694; Columbus Water Works Co. v ... Long, 121 Ala. 245, 25 So. 702; Loughbridge ... v. Harris, 42 Ga ... ...
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