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Transcription
t MEMO FOR FILE 80-11 Some sources of information as to the law on condemnation of public utility plant are the following: Annotation in 172 A.L.R. 236, which deals with the admissibility of hypothetical reproduction cost as evidence of value. In the case of Lone Star Gas Co. v. City of Fort Worth (1936), 109 A.L.R. 374, to which a short note is attached, Texas courts enjoined a condemnation action because the procedure set forth in the condemnation statutes, which were designed primarily for the condemnation of land, was not sufficient to permit a fair trial in a complex condemnation case involving the condemnation of a public utility plant. See annotation in 4# L.R.A. (N.S.) IO63 on valuation of water rights, going concern value, franchises and other intangibles of public utilities. Also see 47 L.R.A. (N.S.) 770 on the general subject of compensation to be paid a public utility company on the taking of its plant. E. C. R. 7-10-52
