Scholefield v. Merrill Mortuaries

1. Eminent Domain — Highway Commission — Exclusive right of eminent domain. Under the statute conferring power on the state highway commission to exercise the right of eminent domain to obtain a right of way for state highway, there is no authority to divide the power with another body and the power is exercisable exclusively by the state highway commission. 2. Eminent Domain — Water power company had no right of condemnation. Where a water power company was preparing to build a dam which would create a reservoir for storing water for irrigation purposes and for generation of power, and where reservoir would flood state highway, water power company was without authority to condemn land to be used for relocation of the highway.