The Valuation of Public Service Corporation Property: Transactions of the American Society of Civil Engineers,; vol. LXXII, June, 1911, ASCE 1190Riggs, Henry Earle
General
The Valuation of Public Service Corporation Property: Transactions of the American Society of Civil Engineers,; vol. LXXII, June, 1911, ASCE 1190
"A railroad is a public highway, and none the less so because
constructed and maintained through the agency of a corporation
deriving its existence and powers from the State. Such a corporation
was created for public purposes. It performs a function of the
State. Its authority to exercise the right of eminent domain and to
charge tolls was given primarily for the benefit of the public. It
is under governmental control, though such control must be exercised
with due regard to the constitutional guaranties for the protection
of its property.... It cannot therefore be admitted that a railroad
corporation maintaining a highway under the authority of the State
may fix its rates with a view solely to its own interests and ignore
the rights of the public. But the rights of the public would be
ignored if rates for the transportation of persons or property on a
railroad are exacted without reference to the fair value of the
property used for the public, or the fair value of the services
rendered, but in order simply that the corporation may meet
operating expenses, pay the interest on its obligations, and declare
a dividend to stockholders.
"If a railroad corporation has bonded its property for an amount
that exceeds its fair value, or if its capitalization is largely
fictitious, it may not impose upon the public the burden of such
increased rates as may be required for the purpose of realizing
profits upon such excessive valuation or fictitious capitalization,
and the apparent value of the property and franchises used by a
corporation, as represented by its stocks, bonds, and obligations,
is not alone to be considered when determining the rates that may
reasonably be charged."
(The Court here quotes 164 U. S., 578, Covington and Lexington Turnpike
_vs._ Sanford.)
Public-domain text, read in full here on John Shaqi.
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