Provo Bench Canal & Irrigation Co. v. Tanner
239 U.S. 323 (1915)

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U.S. Supreme Court

Provo Bench Canal & Irrigation Co. v. Tanner, 239 U.S. 323 (1915)

Provo Bench Canal & Irrigation Company v. Tanner

No. 72

Argued November 11, 1915

Decided December 6, 1915

239 U.S. 323

Syllabus

In eminent domain proceedings, an award of one dollar for property taken for an easement does not deprive the owner of his property without due process of law if the state court recognized the right to recover for any substantial damage, but found as matter of fact that no damage whatever had been shown.

40 Utah 105 affirmed.

The facts, which involve the validity under the due process provision of the Fourteenth Amendment of a statute of Utah, and judgment of the Supreme Court of that state regarding rights to flow waters and construct irrigation ditches, are stated in the opinion.

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