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  • Roberts V Portland Water District Case Digest Facts

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    The Portland Water District took land owned by the plaintiffs to construct pipes and make other water works improvements. While the use was deemed public, the plaintiffs claimed the taking of their land was not necessary. Commissioners were appointed and found it was necessary to take most but not all of the land. The plaintiffs argued the commissioners' findings should allow for taking all or none of the land. The presiding justice ruled against the plaintiffs.

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    Roberts v Portland Water District Case Digest Facts

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    The Portland Water District took land owned by the plaintiffs to construct pipes and make other water works improvements. While the use was deemed public, the plaintiffs claimed the taking of their land was not necessary. Commissioners were appointed and found it was necessary to take most but not all of the land. The plaintiffs argued the commissioners' findings should allow for taking all or none of the land. The presiding justice ruled against the plaintiffs.

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    66 views1 page

    Roberts V Portland Water District Case Digest Facts

    Uploaded by

    enirehtac
    The Portland Water District took land owned by the plaintiffs to construct pipes and make other water works improvements. While the use was deemed public, the plaintiffs claimed the taking of their land was not necessary. Commissioners were appointed and found it was necessary to take most but not all of the land. The plaintiffs argued the commissioners' findings should allow for taking all or none of the land. The presiding justice ruled against the plaintiffs.

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    CASE DIGEST FACTS ROBERTS v PORTLAND WATER DISTRICT

    FACTS:

    The Portland Water District took a certain land in Standish owned by the
    plaintiffs for the purpose of constructing new conduit such as pipes, and for
    other water-works improvements. There was no question that the nature of the
    use was public.

    Commissioners were appointed to determine the question of necessity as


    the owners of the land were claiming that the taking was not necessary. After a
    hearing the commissioners found that it was necessary to take a greater part of
    the land but not the whole of it.

    The plaintiffs contended that the findings of the commissioners should


    only be if the whole or none of the land was necessarily taken. The presiding
    Justice ruled against the plaintiffs, and that the respondent was the prevailing
    party and entitled to costs.

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