Ben Avon Doctrine Law and Legal Definition
Ben Avon Doctrine refers to a legal principle that under due process clause, public utilities are entitled to judicial review of rates set by public-service commissions. This standard was set by the court in the case Ohio Valley Water Co. v. Ben Avon, 253 U.S. 287 (U.S. 1920) wherein it was held that if the owner claims that confiscation of his property will result from an administrative order setting rates, the state must provide a fair opportunity for submitting that issue to a judicial tribunal for determination upon its own independent judgment as to both law and facts; otherwise the order is void because in conflict with the due process clause, Fourteenth Amendment.
