Deerfield River Co. v. Wilmington Power and Paper Co.
About This Legal Opinion
The plaintiff landowner challenged defendant's exercise of eminent domain to build a power line and flood part of plaintiff's land behind a new power generating dam as being an unconstitutional taking, arguing the purpose is not for public use.
The court held that when the purpose of a taking is to provide a town electricity at the town's request, it is a public use within the meaning of the state constitution and therefore the defendant has the right to exercise eminent domain to accomplish such purpose.
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