Nebraska Reports Volume 80

Nebraska Reports Volume 80

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ...that this provision is for the benefit, not of the landowner, but for the protection of the owners of ditches and canals in existence at the time of the organization of such district, and that the North Platte Irrigation & Land Company htltl waived the benefit of this protection. We cannot agree to this construction of the statute. It is that "such ditches and franchises and the land.s-ubjcct to be watered thereby shall be exempt from the operation of this law." $11011 a construction would eliminate the words quoted in italics, and no reason is given why they should be disregardedOn the other hand, the reason they were inserted 15 obvious. In an arid country the construction of a ditch enhances the value of the land lying thereunder and subject to be watered thereby; and to treat such land as be" ing unprovided with irrigation, and impose upon it the '3-'5hense of a second reclamation, is to deprive the owner of such increment in value. If irrigation is a benefit; and the only justification of the district irrigation law Pests upon the assumption that it is, then this land was made more valuable by reason of its being subject to be watered by the ditch of the said North Platte Irrigation & Land Company. The defendant Walsh appears to have pufchased his land from this irrigation company. It ls shown by the evidence that the land is under its ditch? that it is practicable to irrigate the same therefrom, and that the company had suificient water which it was Wm' State v. Several Parcels of Land. ing to furnish for that purpose at: ll times up to the time of the trial. ''here land owned by an irrigation company is reclaimed from its arid state, it is usually sold for a higher price, more

Product details

  • Paperback | 294 pages
  • 189 x 246 x 16mm | 531g
  • United States
  • English
  • black & white illustrations
  • 1236784251
  • 9781236784254