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739, 757 (1899) San Diego Land & Town Co. v. Jasper, 189 U.S. See,e.g., San Diego Land Co. v. National City, 174 U.S. 186 320 U.S. 591, 602 (1944). Although this and the formerly cited determination arose out of controversies involving the National Gas Act of 1938, the concepts laid down therein are believed to be relevant to the overview of fee orders of point out commissions, besides insofar as the latter run in obedience to guidelines made up of exceptional criteria or treatments. 591, 625 (1944), he disassociated himself from this proposal, and asserted that "it was resolved a lot more than fifty a long time back that the remaining say less than the Constitution lies with the judiciary and not the legislature. 591, 603 (1944) (citing Chicago & Grand Trunk Ry. 591, 606 (1944), the Court reversed United Railways v. West, 280 U.S. 388, 399, 405 (1938), the Court upheld respectively a valuation from which copy prices experienced been excluded and an additional in which historic price served as the charge base.

This approach would demand "adoption of the volume prudently invested as the charge foundation and the volume of the money cost as the measure of the rate of return." As a technique of valuation, the prudent investment principle was not accorded any acceptance right until the Depression of the 1930s. The sharp decrease in price ranges that occurred during this period likely contributed to the decline of affection for replica expenses. State offers a litigant the selection of two strategies of judicial critique, of which a person is both equally correct and unrestricted, the mere simple fact that the other which the litigant elects is constrained, does not sum to a denial of the constitutional appropriate to a judicial overview." 253 U.S. Indicative of this kind of controversy was the disagreement as to irrespective of whether annual allowances shall be in these types of volume as will permit the substitute of products at present costs, i.e., existing price, or at initial expense. 178 Various valuation situations emphasized reproduction costs, i.e., the existing as in comparison with the unique price tag of development. 178 (1918) (exactly where drinking water corporation franchise has expired, but in which there is no other supply of source, its plant should really be valued as truly in use alternatively than at what the house would deliver for some other use in situation the city should really make its possess plant).

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