Ogden Daily Standard | 1909-03-24 | Page 2 | Burley Raises a New Point

BURLEY RAISES A NEW POINT Contents Right of Government to Condemn Con-demn Lands for the Boise-Payette Boise-Payette Project. Salt Lako, March 24. A widespread interest among persons connected wltn Irrigation projects all through the west is centered In the outcome of federal court proceedings now In progress in Boise, Ida., in which D. E. Burley, general gen-eral passenger agent for the Oregon Short Line, through Attorney J. u. Willis of that road, has raised an entirely en-tirely new question concerning the reclamation re-clamation act a question which Is or vital Importance in connection wi;n all the large government reclamation projects now under way and contemplated. contem-plated. It is claimed by Mr. Willis that the government is powerless to condemn nny lands for Irrigation projects pro-jects when fuch projects contemplate the supply of water to private lands, I not a part of the public domain. The issue was reached when Unlioi States Attorney Llngenfeller at Hoi. began condemnation proceedings against a tract of land aegregatinv; 320 acres owned by Mr. Hurley a lew miles west ot Nampa, which land would come within the boundaries ot tho site of a large reservoir to be built by the government to store wnter tor a part of the famous Bolse-Payeito project pro-ject The government offered to buy the land of Mr. Rurloy, offering him $15 an acre. This price was refused Mr. Burley stating the land had cost him in excess of $"J3 an acre, it was then the condemnation proceedings were instituted.