The Exercise of the Power of Eminent Domain by Public Corporations ...Washington College of law., 1908 - Broj stranica: 88 |
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act of legislature Armstrong authority awarded Baltimore Balto Brooklyn Park Commission Charles River Bridge charter Chicago choses in action Clair Drainage Co.,51 Co.vs commissioners common law Commr's company's compensation condemnation proceedings constitutional court held court of equity Dartmouth College delegated Detroit due process Dunlap easement eminent domain eminent domain proceedings equitable etc.R.Co exercise the power Fark fee simple Fifth Amendment franchise giving the opinion granted Gray Grimstead highway improvements individual injury interest jurisdiction jury Justice Lake Merced land owner land taken legislative mandamus Mayor mill Morris Canal Municipal Corporations Newago Nichols Ohio plaintiff possession power of eminent private corporation process of law property for public property taken public benefit public corporations purpose railroad company remedy right of eminent Ross sovereign St.Paul statute statutory street Supreme Court take private property taken for public taxation tion trespass tribunal United vested West River Bridge writ of certiorari
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Stranica 22 - ... reference to the uses for which the property is suitable, having regard to the existing business or wants of the community, or such as may be reasonably expected in the immediate future.
Stranica 6 - Taxation exacts money, or services, from individuals, as and for their respective shares of contribution to any public burden. Private property taken for public use by right of eminent domain is taken, not as the owner's share of contribution to a public burden, but as so much beyond his share.
Stranica 20 - In view of the adjudications these principles must be regarded as settled : " 1. A railroad corporation is a person within the meaning of the fourteenth amendment declaring that no state shall deprive any person of property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.
Stranica 6 - Special compensation is therefore to be made in the latter case, because the government is a debtor for the property so taken ; but not. in the former, because the payment of taxes is a duty and creates no obligation to repay, otherwise than in the proper application of the tax. Taxation operates upon a community or upon a class of persons in a community and by some rule of apportionment.
Stranica 14 - This power denominated the eminent domain of the state, is, as its name imports, paramount to all private rights vested under the government, and these last are, by necessary implication, held in subordination to this power, and must yield in every instance to its proper exercise.
Stranica 5 - But if the public interest can be in any way promoted by the taking of private property, it must rest in the wisdom of the legislature to determine whether the benefit to the public will be of sufficient importance to render it expedient for them to exercise the right of eminent domain, and to authorize an interference with the private rights of individuals for that purpose (2 Kent's Com.
Stranica 1 - It embraces all cases where, by authority of the state and for the public good, the property of the individual is taken without his consent, for the purpose of being devoted to some particular use, either by the state itself or by a corporation, public or private, or by a private citizen.
Stranica 42 - REPORTER. (Ala. their consent, of their property, and Its possession and enjoyment, should be kept In the strict line of the authority with which they are clothed, and compelled to implicit obedience to the mandates of the constitution. A court of equity will intervene to keep them within the line of authority, and to compel obedience to the constitution, because of the necessity that they should be kept within control, and In subjection to the law, rather than upon the theory that they are trespassers,...
Stranica 24 - In all cases, to warrant a recovery, it must appear there has been some direct physical disturbance of a right, either public or private, which the plaintiff enjoys in connection with his property and which gives to it an additional value, and that by reason of such disturbance he has sustained a special damage with respect to his property in excess of that sustained by the public generally.
Stranica 37 - ... take land by force of their charter, or by any other means than by grant, for the purposes of such highway, it is manifest that the plain purpose of the grant to them is not to give them capacity, or invest them with power to take a fee, but merely to give them power to acquire such an easement in the land as will enable them fully to accomplish the purposes for which they were created.