Abstracts of Current Decisions on Mines and Mining: May to August, 1917

EMINENT DOMAIN.

APPROPRIATION OF LAND FOR MINING PURPOSES-REASONABLE
NECESSITY.
The constitution (sec. 14, art. 1) and the statutes of the State of
Arizona make mining a public use and authorize the appropriation of
private land for such use. Under these statutes the power of eminent
domain may be exercised and private property appropriated for min-
ing purposes if a reasonable, although not an absolute, necessity
exists for the taking of the property.
Marsh Mining Co. v. Inland Empire Mining etc. Co. (Idaho), 165 Pacific 1128.
THEORY OF PUBLIC USE IN MINING INDUSTRY.
The theory upon which eminent domain is extended in aid of the
mining industry is that public benefit will result from the application
of private property to public use. The end sought to be obtained is
that mines be discovered, developed, and operated, and that thereby
the wealth of the State and the prosperity of its people will be aug-
mented. The welfare of the State of Arizona depends largely upon
the development of its natural resources, and the discovery of min-
erals in paying quantities in undeveloped mines is of vital importance
to the State and to its present and future inhabitants, as is the suc-
cessful operation of mines already developed. But it was not the
intention of the framers of the constitution, or the legislature, that
the power of eminent domain be so invoked that one mine will be
developed and another be thereby destroyed, or that one mine owner
be enriched and another be impoverished. The aid of eminent
domain is intended to b extended to the industry and not to the
individual.
Marsh Mining Co. v. Inland Empire Mining etc. Co. (Idaho), 165 Pacific 1128, p.
1130.
MINING PROPERTY-PUBLIC USE.
The constitution of Arizona (sec. 14, art. 1) provides that the neces-
sary use of lands for certain mining purposes is a public use and is
subject to the regulation and control of the State; but where the
land of a mining claim is held by the owner for mining purposes the
constitution makes no provision for the taking of such property held
for, or devoted to, a public use for the purpose of applying it to the
same or any other use. Pursuant to the constitutional provision the
statute of Arizona (secs. 5212, 5213, R. S. Codes) provides that prop-
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Thompson, Joseph Wesley. Abstracts of Current Decisions on Mines and Mining: May to August, 1917. [Washington D.C.]. UNT Digital Library. http://digital.library.unt.edu/ark:/67531/metadc38745/. Accessed September 20, 2014.