Facts: Petitioner filed an action to acquire a right of way over the land of Respondents for the construction of transmission lines. Petitioner was adjudged to pay the full market value of land traversed by the transmission lines. Petitioner argued that it was only asking for a right of way.
Issue: Whether or Not the acquisition of the right of way constitutes "taking" and such the case will be entitled just compensation.
Held: The acquisition of the right of way constitutes taking. It perpetually deprives Respondents of their proprietary rights. No plant higher than three meters is allowed below the transmission lines. Because of high tension current conveyed through the transmission lines, danger to life and limbs cannot be discounted. The owner of the property is entitled to just compensation.
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