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 corporation maintaining a public highway, although it owns the
property it employs for accomplishing public objects, must be held
to have accepted its rights, privileges, and franchises subject to
the condition that the government creating it, or the government
within whose limits it conducts its business, may by legislation
protect the people against unreasonable charges for the services
rendered by it. It cannot be assumed that any railroad corporation,
accepting franchises, rights, and privileges at the hands of the
public, ever supposed that it acquired, or that it was intended to
grant to it, the power to construct and maintain a public highway
simply for its benefit, without regard to the rights of the public.
But it is equally true that the corporation performing such public
services, and the people interested in its financial affairs have
rights that may not be invaded by legislative enactment in disregard
of the fundamental guaranty for the protection of property. The
corporation may not be required to use its property for the benefit
of the public without receiving just compensation for the services
rendered by it. How such compensation may be ascertained, and what
are the necessary elements in such inquiry, will always be an
embarrassing question.
"We hold, however, that the basis of all calculations as to the
reasonableness of rates to be charged by a corporation maintaining a
highway under legislative sanction must be the fair value of the
property being used by it for the convenience of the public. And in
order to ascertain that value the original cost of construction, the
amount expended in permanent improvements, the amount and market
value of its bonds and stocks, the present as compared with the
original cost of construction, the probable earning capacity of the
property under particular rates established by the statute, the sum
required to meet operating expenses, are all matters for
consideration, and are to be given such weight as may be just and
right in each case. We do not say that there may not be other
matters to be regarded in estimating the value of the property. What
the company is entitled to ask is a fair return upon the value of
that which it employs for the public convenience. On the other hand,
what the public is entitled to demand is that no more be exacted
from it for the use of a public highway than the services rendered
by it are reasonably worth."
The body of this decision is quoted at length to show:
First. That the Court reiterates the relation of the people to
the corporation, as defined by Covington and Lexington
Turnpike Road _vs._ Sanford (164 U. S., 578) and by Stone
_vs._ Farmers' Loan and Trust Company (116 U. S., 307).
Public-domain text, read in full here on John Shaqi.
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