Ruddock

Ruddock v. Bloedel Donovan Lumber Mills

Good Law
28 F.2d 684·1928 U.S. App. LEXIS 2424
United States Court of Appeals for the Ninth CircuitOctober 22, 1928No. 5544California2,106 words

Opinion

Lead Opinion

Rudkin, J.

The laws of the state of Washington provide that any owner of land which is so situated with respect to the land of another that it is necessary for its proper use and enjoyment to have and maintain a private way of necessity, or to construct and maintain any drain, flume, or ditch, on, aeross, over, or through the land of such other, for agricultural, domestic, or sanitary purposes, may condemn and take lands of such other sufficient in area for the construction and maintenance of such drain, flume, or ditch, as the ease may be, and that the term “private way of necessity,” as used in the act, shall mean and include a right of way on, aeross, over, or through the land of another, for means of ingress and egress, and the construction and maintenance thereon of roads, logging roads, flumes, canals, ditches, tunnels, tramways, and other structures up cm, over, and through which timbar, stone, minerals, or other valuable materials and products may he transported and carried. The act further provides that the procedure for the condemnation of lands for a private way of necessity, or for drains, flumes, or ditches, shall be the same as that provided for the condemnation of private…

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