Ogden Daily Standard | 1915-11-09 | Page 7 | Condemnation Suit Started by the City of Ogden

COIEHON SUIT STARTED BY THE CITY OF OGDEN The city board of commissioners last night passed a resolution authorizing author-izing City Attorney Valentine Gideon to begin condemnation proceedings against Eva P. Lewis, to quiet titlo to a rlghkof-way for the artesian wells plpo line over her property iji Ogden canyon, and payment of fees for beginning be-ginning the suit in the district court was authorized. The pipe lino has boon built over Mrs. Lewis' property, the city having furnished an indemnity bond 'in the sum of $5000 to cover damages. It will bo recalled that when the trench diggers for the plpo line approached ap-proached the Lewis property, the owner began an action for damages, claiming that tho city had no right to place tho plpo on her ground. The city pleaded a franchise from the county commissioners to use the county road for the underground improvement. im-provement. The plaintiff contended that tho county had only an easement on tho roadway for Burface use and that tho plaintiff was possesed of the ground in fee simple, embracing not only the surface, but the ground underneath, un-derneath, and Judge J. A. Howell of the district court sustained the plaintiff in her contention. Now that the city has decided to condemn the ground for tho pipe line purposes, under the law of eminent domain, tho question of damages will be settled by a Jury. It Is expected that the city will also Institute condemnation proceedings proceed-ings against W. G. Wilson to quiet title to a right-of-way for tho same pipo line over his property at the Hermitage, as ho is asking damages.