Strickley v. Highland Boy Gold Mining Co., 200 U.S. 527 (1906). · Go Syfert
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Strickley v. Highland Boy Gold Mining Co., 200 U.S. 527 (1906). Cases Citing This Book View Copy Cite
268 citation events (20 in the last 25 years) across 53 distinct courts.
Strongest positive: Kelo v. City of New London (scotus, 2005-06-23)
Treatment trajectory · 1906 → 2026 · click a year to view as-of
1906 1966 2026
Top citers, strongest first. 9 distinct citers.
examined Cited as authority (rule) Kelo v. City of New London (4×)
SCOTUS · 2005 · confidence medium
Thus, in a case upholding a mining company's use of an aerial bucket line to transport ore over property it did not own, Justice Holmes' opinion for the Court stressed "the inadequacy of use by the general public as a universal test." Strickley v. Highland Boy Gold Mining Co., 200 U. S. 527, 531 (1906). [9] We have repeatedly and consistently rejected that narrow test ever since. [10] The disposition of this case therefore turns on the question whether the City's development plan serves a "public purpose." Without exception, our cases have defined that concept broadly, reflecting our longstand…
cited Cited as authority (rule) Estado Libre Asociado v. Márquez
prsupreme · 1966 · confidence medium
Véanse Fallbrook Irrigation District v. Bradley, 164 U.S. 112 (1896); Clark v. Nash, 198 U.S. 361, 367 (1905); Strickley v. Highland Bay Mining Co., 200 U.S. 527, 531 (1906); Mt.
cited Cited as authority (rule) Commonwealth v. Márquez
prsupreme · 1966 · confidence medium
See Fallbrook Irrigation District v. Bradley, 164 U.S. 112 (1896); Clark v. Nash, 198 U.S. 361, 367 (1905); Strickley v. Highland Bay Mining Co., 200 U.S. 527, 531 (1906); Mt.
discussed Cited as authority (rule) Smith v. Cameron
Or. · 1922 · confidence medium
State legislation is, however, subject to the due process of law clause in the fourteenth amendment to the federal Constitution; but this provision of the federal Constitution is not violated by a state statute permitting the condemnation of land in circumstances like those presented here; and, consequently, whether Article I, Section 18, of our state Constitution permits or prevents the plaintiffs from condemning a right to enlarge the defendant’s ditch is, in the language of the Supreme Court of the United States, “a local affair”: Strickley v. Highland Boy Gold Mining Co., 200 U. S. 5…
cited Cited as authority (rule) Monetaire Mining Co. v. Columbus Rexall Consol. Mines Co.
Utah · 1918 · confidence medium
Cas. 1110, affirmed in 200 U. S. 527 , 26 Sup. Ct. 301, 50 L.
cited Cited as authority (rule) German Alliance Ins. v. Barnes
circtdks · 1911 · confidence medium
Ed. 1085 ]; Strickley v. Highland Boy Mming Co., 200 U. S. 527, 531 [26 Sup. Ct. 301, 50 L.
cited Cited as authority (rule) Northern Pacific Railway Co. v. Boynton
N.D. · 1908 · confidence medium
A. 581; Strickley v. Highland, etc., 200 U. S. 527 , 26 Sup. Ct. 301, 50 L.
examined Cited "see, e.g." City of Norwood v. Horney (3×)
Ohio · 2006 · signal: see, e.g. · confidence low
See, e.g., Strickley v. Highland Boy Gold Mining Co. (1906), 200 U.S. 527 , 26 S.Ct. 301 , 50 L.Ed. 581 (affirming use of eminent domain to permit a private mining company to run lines for transporting ore over private property); Clark v. Nash (1905), 198 U.S. 361 , 25 S.Ct. 676 , 49 L.Ed. 1085 (affirming use of eminent domain to grant a right of way over private land for the enlargement of an irrigation ditch for the benefit of another private individual). {¶ 51} The broader concept of public use set forth in these cases eventually dominated and became entrenched in early 20th-century eminen…
examined Cited "see, e.g." Nevada Consol. Copper Co. v. Consolidated Coppermines Corp. (3×)
D. Nev. · 1930 · signal: see also · confidence low
See, also, Strickley v. Highland Boy Gold Mining Co., 200 U. S. 527 , 26 S. Ct. 301 , 50 L.
Strickley
v.
Highland Boy Gold Mining Company
Feb 19, 1906.
200 U.S. 527
Mr. Arthur Brown, and Mr. Frank Hoffman for plaintiffs in error:, Mr. George Sutherland, with whom Mr. Waldemar Van Cott ' and Mr.. E. M. Allison, Jr., were on the brief, for defendants in error:
Holmes.
Argued January 25, 1906.
Mr. Justice Holmes

delivered the opinion of the court, xo umbo

This is a proceeding begun by the defendant in- eftfoi,tri-mming. corporation, to condemn a right of way fon ah* aerials . bucket line, across a' placer mining claim of theoiplaintiffsi tó< ' error. The .mining corporation owns mines <Migh>!%> ah Bingo ham Canyon, in West Mountain MiningoMstofctpüSaiIt Take! County, Utah, and is using the line or, wa& b®iieai$yc<ares, eteiji . for itself and others from the mines? imi suspended! btiékéfeffj down to the railway station, tawikhlesndjstaritLeaHdoWMvei. hundred feet below. Before building thu-way itomad'évdíligénts inquiry but could not discoveBÍtheodWnerobfothe placer olMm[*530] in question, Strickley standing by without objecting or making known his rights while the company put up its structure.. The trial court found the facts and made an order of condemnation. This order recites that the mining company has paid into court the value of the right of way, as found, and costs, describes the right of way by metes and bounds and specifies that the same is to be used for the erection of certain towers to support the cables of the line, with a right to drive along the way when necessary for repairs, the mining company to move the towers as often as reasonably required by the owners of the claim for using and working the said claim. The foregoing final order was affirmed by the Supreme Court of the State. 78 Pac. Rep. 296. The case then was brought here.

The plaintiffs in error set up in their answer to the condemnation proceedings that the right of way demanded is solely for private use, and that the taking of their land for that purpose is contrary to the Fourteenth Amendment of the Constitution of the United States. The mining company on the other hand relies upon the statutes of Utah, which provide that “the right of eminent domain may be exerciseddn behalf of the following public uses: ... (6) Roads, railroads, tramways, tunnels, ditches, flumes, pipes and dumping places to facilitate the milling, smelting or other reduction of ores, or the working of mines.’’ In view of the decision of the state court we assume that the condemnation was authorized by the state laws, subject only to the question whether those laws as construed aré consistent with the Fourteenth Amendment. Some objections to this view were mentioned, but they are not open. If the statutes are constitutional as construed, we follow the construction of the state court. On the other hand, there is no ground for the suggestion that the claim by the plaintiffs in error of their rights under the Fourteenth Amendment does not appear sufficiently on the record. The suggestion was not pressed.

The single question, then, is the constitutionality of the[*531] Utah statute, and the particular facts of the case are material only as showing the length to which the statute is held to go. There is nothing to add with regard to them, unless it be the finding that the taking of the strip across the placer claim is necessary for' the aerial line and is .consistent with the use of all of the claim by the plaintiffs in error for mining, except to the extent of the temporary interference over a limited space by four towers, each about seven and a half feet square and removable as stated above.

The question thus narrowed is pretty nearly answered by the recent decision in Clark v. Nash, 198 U. S. 361. That case established the constitutionality of the Utah statute, so far as it permitted the condemnation of land for the irrigation of other land belonging to a private person, in pursuance of the declared policy of the State. In discussing what constitutes a public use it recognized the inadequacy of use by the general public as a universal test. While emphasizing the great caution necessary to be shown, it proved that there might be exceptional times and places in which the very foundations of public welfare could not be laid without requiring concessions from individuals to each other upon due compensation which under other circumstances would be left wholly to voluntary consent. In such unusual cases there is nothing in the Fourteenth Amendment which prevents a State from requiring such concessions. If the state constitution restricts the legislature within narrower bounds that is a local affair, and must be left where the state court leaves it in a case like the one at bar.

In the opinion of the legislature and the Supreme Court of Utah the public welfare of that State demands that aerial lines between the mines upon its mountain sides and the railways in the valleys below should not bé made impossible by the refusal of a private owner to sell the right to cross his land. The Constitution of the United States does not require us to say-that they are wrong. If, as seems to be.assumed in the brief for the defendant in error, the finding that the plaintiff[*532] is a carrier for itself and others means that the line is dedicated to carrying for whatever portion of the public may desire to use it, the foundation of the argument on the other side disappears.

Judgment'affirmed.