ART. III] LEGISLATIVE DEPARTMENT. 57

as agreed upon between the parties, or awarded by a jury, being first
paid or tendered to the party-entitled to such compensation.

What is a public use?

The supplying of electric power to the public generally on equal terms is
a public use, and hence a corporation so doing has the right of condemna-
tion. The fact that some of the purposes for which a corporation is formed
are public and some private, does not prevent it from condemning property
for its public uses unless its public and private purposes are so combined
that the two cannot be separated. The Susquehanna Pole Line Company
held to have the right of condemnation. How to determine what is a
"public use." Cases reviewed. Webster v. Susquehanna Pole Line Co.,
112 Md. 416; cf. Arnsperger v. Crawford, 101 Md. 251. And see American
Telegraph Co. v. Pearce, 71 Md. 539.

This section impliedly prohibits the taking of private property for private
use. The legislature cannot make a particular use. either public or private,
merely by so declaring it; whether a use is public or private, within the
meaning of this section is a judicial question. The use of a part of land
condemned by a railroad company for the location of a private road in
substitution for an existing private road which was to be closed and used
by the company for railroad purposes, held to be a public use within the
meaning of this section. Pitznogle v. Western Md. R. R. Co., 119 Md. 677.
And see Arnsperger v. Crawford, 101 Md. 251.

Where by a municipal ordinance an alley is directed to be closed, the
result being that certain abutting owners lose their easement in the closed
portion and the appellee is enabled to erect a building upon It, this is a
taking of private property for private use, the public service being in no
wise promoted. This section only permits the taking of private property
for a public use, and whether the use is a public one is a .Indicia! question.
Ordinance held invalid. Van Witsen v. Gutman. 79 Md. 411.

While the legislature cannot confer on the city of Baltimore the power
to take private property for any use but a public one, since the conveyance
of water to a city is a public use. a right of condemnation by the city
under the act of 1853, chapter 376, for the purpose aforementioned, was
upheld. Kane v. Baltimore, 15 Md. 249.

The act of 1910, chapter 110, providing for the condemnation of property
for the establishment of a public highway over Jones Falls, etc.. and au-
thorizing the acquisition of property adjacent to the highway incident to.
and for the purposes of, the construction of the highway and its connec-
tions, and the ordinance of the mayor and city council of Baltimore passed
in pursuance of said act, held not to violate this section, since the property
was to be taken for a public use. Bond v. Baltimore, 116 Md. 685.

The condemnation of private property for a railroad reasonably neces-
sary for the successful operation of coal mines, held to be for a public use.
The question of whether a particular use is public or private, is a judicial
one. New Central Coal Co. v. George's Creek Co., 37 Md. 559.

The taking of lands in Maryland for supplying Washington city with
water, is a public use; this section embraces within its scope a use of the
government of the United States. Reddall v. Bryan, 14 Md. 477.

What amounts to a "taking?" Change of grade.

The "just compensation" required by this section includes not only the
value of the property condemned, but a due allowance for injury to the
remainder: measure of damages: when cost of grading and repaving may be
allowed. Cases reviewed and distinguished. Baltimore v. Garrett, 120 Md.
611.

The erection of an abutment or structure along a city street which cuts
off access to property and its light and air, held to be a "taking of prop-
erty" within the meaning of this section : rights of abutting owners; change
of grade. Cases reviewed. Walters v. B. & O. R. R.. 120 Md. 653.

Where the construction of a street railway is duly authorized and

there is no invasion of or physical interference with, the property of an

abutting owner, there is no taking of such property within the meaning of