Mahoney v. Spring Valley Water Works Co.

The award is a final judgment. The Spring Valley Water Works thereby acquired a right to and an interest in the property itself, as against the plaintiffs and their co-owners, and the latter to that extent are deprived of the use, enjoyment, and jus disponendi of their property, without just compensation, unless they have a corresponding right and interest in the award.

The plaintiffs and their co-owners have no option to refuse to receive the award, and upon its payment the whole property vests—without further act of theirs—in the corporation, and it must be equally bound to comply with the judgment.

There must be a mutuality of obligation; else all such proceedings of condemnation would be unconstitutional and void, and beyond the power of the Legislature. (South Western R. Co. v. Southern & A. Telegraph Co. 46 Ga. 43; 12 Am. Rep. A. M. R. 585; Walther v. Warner, 25 Mo. 277; Wilkerson v. Buchanan Co. 12 Mo. 328; Hampton v. Coffin, 4 N. H. 517; Harrington v. County Commrs. 22 Pick. 268 ; Inhabitants Westbrook v. North, 2 Greenl. 179; Commrs. &c. v. Carey, 1 Ohio St. 463.)

Delos Lake, also for the Appellants.

. Chas. N Fox, for Eespondent.

By the Court, McKinstry, J.: 1. A water company, formed under the statutes respecting such corporations, cannot prosecute proceedings for the taking of private property for the benefit of the stockholders of the com- , pany (as well as for the public use by it represented) in the name of another company.

2. A company, having commenced such proceedings, cannot sell and transfer to another water company its right to prosecute [162]them in the name of the original petitioner, or to acquire the property, nor can the latter company purchase such right.

Were it not for the limitation found in the Constitution of this State requiring that “ due compensation ” shall be made for private property taken for public uses, the State would be authorized to take private property for such uses without compensation. The right thus to take for public uses is one which pertains to the State by virtue of an authority existing in every sovereignty, and which is called the right of eminent domain. It is a power incident to the sovereign power, and from its very nature cannot be, and under our Government has not been, transferred to any person, natural or artificial.