200 VALUATION, DEPRECIATION AND THE RATE-BASE
acquire property by eminent domain cannot be made the
measure or market value is further made clear in:
Tidewater Canal Co. vs. Archer (9 Gill and J. Md. 431; 22
Md. 307).
Gardner vs. Inhabitants of Brookline (127 Mass. 358).
Burt vs. Wigglesworth (117 Mass. 302).
Reading and Pottsville R. R. Co. vs. Balthasser (126 Pa. St. 1).
Dorlan vs. East Brandywine and W.R. 46 Pa. 520. The
Stockton and Copperopolis Railroad Co. vs. Vincent
Galgiani (49 Cal. 130).
Admissibility of Evidence Relating to Value for a Special
Purpose. — The question relating to the admissibility of evi-
dence bearing directly upon the value of a tract of land for
reservoir purposes is quite fully discussed in Spring Valley
Water Works vs. Drinkhouse (92 Cal. 528, 532; 28 Pac. Rep.
681). The view expressed in that case that value of the land
for reservoir purposes might be shown appears however to be
controverted in the more recent case of ‘ Sacramento Southern
Railroad Co. vs. Heilbron” (156 Cal. 408) which involves the
condemnation of a strip of land for railroad purposes. It was
contended in this case that the rule as laid down in California
permits evidence of value for the use of the land for a particular
purpose in terms of money. In reference to this contention the
Court says:
“Tt is seen, therefore, that this Court by its latest utterances
has definitely aligned itself with the great majority of the courts
in holding that damages must be measured by the market value
of the land at the time it is taken, that the test is not the value
for a special purpose, but the fair market value of the land in
view of all the purposes to which it is naturally adapted; that
therefore while evidence that it is valuable’ for this or that
or another purpose may always be given and should be freely
received, the value in terms of money, the price, which one or
another witness may think the land would bring for this or that
or the other specific purpose is not admissible as an element in
determining that market value.”
Apparently, if this rule is strictly adhered to, it will debar
