69 W. Va. 606 | W. Va. | 1911
The town of Romney is a municipal corporation holding its* charter under chapter 47 of the Code. In June, 1911, the town filed in the circuit court of Hampshire county a petition seeking to condemn a small parcel of land having upon it a spring of water, for the purpose of supplying the town with an adequate supply of water for the public use, which land is the prop
The Code in ch, 47, sec. 14, says, that the mayor, recorder and councilmen of a city, town or village shall be a body politic and corporate and have perpetual succession, sue and be sued, purchase and hold real estate necessary to enable them the better to discharge their duties, and needful for the good order, government and wellfare of said city, town or village,55 Section 28 says, “The council of such city, town or village shall have plenary power and authority therein * * * * to erect or authorize or prohibit the erection of gas works, electric works or water works in the city, town or village.55 White lays special emphasis upon the presence of the word “therein55 and the words “In.the city, town or village55 found in see. 28. He says those words show an intent on the part of legislature to limit water works and all their appliances to the town boundary. We do not think that such was the intent of the use of those words. They were used merely as descriptive of the territory of operation of water works. It can not be possible that those words were meant to prohibit a town or city, when necessary, to go outside its limits to get a necessary supply of water; they were intended as de
It may acquire land by condemnation, ch. 13, Acts of the Extraordinary Session of the Legislature of 1907, Code Supplement of 1909, page 256, amending chapter 42 of the code, in clause 8 says that land may be ocndemned “by any city, town or village or company, now incorporated or hereafter incorporated for the purpose of establishing water works for the public use, to acquire any land necessary for the construction of reservoirs, dams, cisterns, and other water works which may be necessary for its purposes and land and right of way for pipes, conduits for the conveyance of water and so much water from any springs, rivers and creeks as may be necessary for its purposes.” Here is a very broad, wide power of condemnation given municipal corporations for water purposes. It contains no language limiting the power of condemnation to lands within the municipal limits. It says “any land” “any springs, rivers and creeks.” It gives right to condemn lands necessary for water works purpose without any limitation to municipal limits. We may reasonably say that if such restraint on the power of the town was intended it would be found in the statute. We know that a supply of water for a town or city is highly useful and essential, in many intances indispensable. The Legislature knew that in many instances it would be impossible to secure a sufficient supply of water within the municipal limits. It knew that in many of the towns and cities of the state water is obtained from beyond their boundaries. It intended to confer this indispensable power without restraint to the corporate
Writ Denied.