(DOWNLOAD) "Mosby Irrigation Company v. Wayne D." by Supreme Court Of Utah * eBook PDF Kindle ePub Free
eBook details
- Title: Mosby Irrigation Company v. Wayne D.
- Author : Supreme Court Of Utah
- Release Date : January 16, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The State Engineer restored original priority date of application to appropriate water after the application had lapsed for failure to submit proof of appropriation, and irrigation company appealed. The Fourth District Court, Uintah County, Joseph E. Nelson, J., rendered judgment in favor of irrigation company, and the State Engineer and others appealed. The Supreme Court, Callister, J., held that where State Engineer on August 17, 1951 sent registered letter to company, which was owner of equitable title to application for appropriation of water, notifying that company that proof of appropriation would be due on October 20, 1951, and letter was addressed to company in care of individual, whose name appeared in files of State Engineer as designated representative of company, though that individual had been dead for almost two years at time of mailing, and letter was delivered at home of successor to that individual as secretary or company, and return receipt was signed by married daughter of successor, but for some unknown reason letter was not opened by successor and was not given to any other officer or director of company until after October 20, 1951, notice complied with statute and was valid, and application lapsed for failure to submit proof of appropriation, and that lapsing of application and consequent reduction in its priority was not "taking of property" within meaning of provisions of state and federal constitutions that property shall not be taken without due process of law.
 "Mosby Irrigation Company v. Wayne D." by Supreme Court Of Utah * eBook PDF Kindle ePub Free){kind=link}