State ex rel. Luedinghaus v. Superior Court
State ex rel. Luedinghaus v. Superior Court
Opinion of the Court
The Meskill & Columbia River Railway Company, a public service corporation, commenced an eminent domain proceeding in the superior court of Lewis county against G. F. Luedinghaus, Mary Luedinghaus, his wife, and F. W. Luedinghaus, to condemn a right of way for a logging road. On the preliminary hearing, an order was entered adjudging a public use and finding that a right of way sixty feet in width through defendants’ land was required therefor. Thereupon the landowners, as relators, applied to this court for a writ of certiorari, and the order is now before us for review.
Relators are the owners of the southeast quarter of section 8, township 13, range 4, west of the Willamette Meridian, across which condemnation of the right of way is sought. They also own a sawmill at Dryad, Washington, to which they assert they intend to remove timber from their land and from the lands of others, by constructing a railroad to haul the
The judgment is affirmed.
Paekee, Gose, and Mount, JJ., concur.
Reference
- Full Case Name
- The State of Washington, on the Relation of F. W. Luedinghaus v. The Superior Court for Lewis County
- Status
- Published
- Syllabus
- Eminent Domain — Public Use — Necessity. Where a railroad company requires a right of way sixty feet wide in a canyon or gulch, in order to make necessary fills; cuts, and turnouts, an adjudication of public use is sustained, although the landowners, who were owners of a sawmill, needed part of the way for a logging road over which to haul forest products of their own and others.