Strickley v. Highland Boy Gold Mining Co.
Headline: Court upheld Utah law letting a mining company condemn private land to build an aerial ore bucket line, allowing mines to run ore cables across a placer claim despite the owner’s objections.
Holding: The Court upheld the Utah statute and affirmed the condemnation, ruling the State may allow a mining company to take private land for an aerial ore line when public welfare requires it.
- Allows mining companies to use eminent domain for aerial ore lines under Utah law
- Private placer claim owners may be forced to allow small, removable towers across their claims
- State legislatures can authorize similar takings when judged necessary for public welfare
Summary
Background
A mining company sought to build an aerial bucket line to carry ore from mountain mines down to the railway and condemned a narrow strip across a private placer mining claim to place four small towers. The company paid the court-determined value and the state trial and supreme courts approved the taking. The landowners said the use was purely private and that taking their land violated the Fourteenth Amendment.
Reasoning
The Court considered whether Utah’s statute letting the State authorize takings to facilitate mining operations violates the Fourteenth Amendment. Relying on the state courts’ construction and a prior decision (Clark v. Nash), the Court said a State may require limited concessions between private parties when the public welfare demands it. The Court noted the condemned strip was necessary for the aerial line, that interference with the owners’ use was minimal (four movable towers about seven and a half feet square), and that if the line serves others as a carrier the objection weakens. The Justices concluded the federal Constitution does not forbid the State’s choice.
Real world impact
The ruling affirms that, under Utah law as interpreted by its courts, mining companies can use condemnation to build essential ore-transfer lines across private claims when the State deems it necessary for public welfare. Landowners may face narrow, removable intrusions for mining infrastructure, subject to state law and compensation. The decision follows existing state-law boundaries rather than creating a new national rule.
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