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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 p rio r to tiie adoption o f our state eoastitutioa, i t would be an unwarranted assumption upon the part of the court to declare that the framers of the constitution did not intend to give the term ’public use" the meaning of public u t ilit y * benefit and advantage. Inasmuch as the righ t o f eminent domain is on© which lie s dormant in the state u n til le g is la tiv e action is had pointing out the occasion, mode, condition and agencies fo r it s ©nereis©, the right to exercise the power mast m conferred by statute either in express words or.by necessary Implication* The power should not be gathered from doubts, inferences, but should be unmistakably expressedt hack power being in derogation o f common righ t, the acts ©oaferring i t are to be s t r ie t ly construed in- furor of the land owner, although they should not be so s tr ic t ly construed as to defeat the .evident purpose of the le g is la tu re . SO 0*1, Peg© §33-4-§. The right of eminent domain , is sot inherent in m unicipalities, but may, by appropriate le g is la tio n , b© conferred upon them* It cannot be exercised by m unicipalities* however* unless authority is given by the legislatu re in express terms or by necessary implication* In the Las Vegas Oity charter the following provisions re fe rring to the foregoing proposition are foundi Section-4 of Chapter .1 of the charter, which is found in i f 11 -statutes o f Mevada, at Page 146, provides: ? "That said city sh all have and be vested with a l l the righ ts* powers* property sad things of every kind now belonging to the Tom o f Las Togas . * *, * and may purchase* •receive, hold and enjoy reel and...personal property within, or without the c ity * * . *. . and may determine had declare what are public uses, fo r the purposes of the city,....sad when, the necessity arises or exists of condeismiag lands or property th erefor\ and what are the land® and property necessary to condemn. * * * # ” la Section 21 of Chapter S of the charter, ftl; ©mended, statutes of 1921, Page 377 ©re found some ©dditlemal powers: Subdivision l e , 38 of said Section 31 gives the Board of City Commissioners i H