Adams v. Greenwich Water Co. - 138 Conn. 205, 83 A.2d 177 (1951)

Rule:

The taking of water by a water company chartered to supply water to the public is a taking for a public use. When the legislature endows a public utility company with the power to take by eminent domain such property as is necessary to fulfill its corporate purposes without restriction, the determination of what is necessary to be taken lies in the discretion of the company. The courts will interfere with the exercise of that discretion only in cases of bad faith or unreasonable conduct. On the question of the necessity of a taking, needs which will arise in the reasonably foreseeable future must be taken into consideration.

Facts:

Plaintiff property owners enjoyed and used the water from a river adjoining their property. When the defendant water company diverted the water from the river to supply water to nearby communities, the property owners brought suit to enjoin the water company from diverting the water except as permitted by previous agreement. The trial court granted judgment in favor of the water company and entered a declaratory judgment determining the rights of the company to condemn certain land and water rights. Plaintiff property owners appealed. 

Issue:

1. Did the trial court err in refusing to enjoin defendant water company from diverting the water from the river to supply water to nearby communities? 
2. Were the plaintiff property owners entitled to be compensated for the diversion? 

Answer:

1) No. 2) Yes.

Conclusion:

On appeal, the court held that the trial court was correct in refusing to enjoin the company from condemning the water rights of the property owners in order to permit the construction of a proposed reservoir. However, the court set aside the judgment and remanded the case with directions that unless the company compensated the property owners within a reasonable time for the water rights taken, the water company would be enjoined from further diversion of the waters.