First, the general public must have a definite and fixed use of the property to be condemned, a use independent of the will of the private person or private corporation in whom the title of the property when condemned will be vested; a public use which... Cases Determined in the Supreme Court of Washington - Stranica 668napisao/la Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1906Potpun prikaz - O ovoj knjizi
| West Virginia. Supreme Court of Appeals, Edgar P. Rucker - 1883 - Broj stranica: 926
...first show, that he or they are possessed of each and all of these three qualifications. First, the general public must have a definite and fixed use...person or private corporation in whom the title of the property when condemned will be vested ; a public use which cannot be defeated by such private... | |
| 1909 - Broj stranica: 1336
...advantage. This distinction is illustrated by the case of Varner v. Martin, 21 W. Va. 534: "(1) The general public must have a definite and fixed use...to be condemned ; a use independent of the will of a whom the title of the property, when condemned, will be Tested ; a public use which cannot be defeated... | |
| 1891 - Broj stranica: 630
...Railroad v. Greeley, 17 NH 47 ; Bloodgood v. Mohawk RR, 18 Wend. 9; Brown v. Beatty, 34 Miss. 227.) The general public must have a definite and fixed use of the property, a use independent of the will of the private person or corporation in whom the title is vested, a public... | |
| 1894 - Broj stranica: 136
...constituting a public use as distinguished from a private use of property, as follows :' First. The general public must have a definite and fixed use...person or private corporation in whom the title of the property when condemned will be vested ; a public use which cannot be defeated by such private... | |
| Virginia. General Assembly. House of Delegates - 1895 - Broj stranica: 914
...property will be condemned nominally for public but actually for private use. The essentials are that the general public must have a definite and fixed use of the property sought to be condemned, independent of the will of the condemning party." Ibid. " The fact that the... | |
| Abraham Clark Freeman - 1904 - Broj stranica: 1180
...Eep. 855, 43 8. E. 194, it was held that to justify the exercise of the right of eminent domain, the general public must have a definite and fixed use...property to be condemned; a use independent of the private person or corporation in whom the title to the property, when condemned, will be vested, and... | |
| Abraham Clark Freeman - 1904 - Broj stranica: 1128
...lands, it must he shown that he or they are possessed of each and all of three qualifications: 1. The general public must have a definite and fixed use of the property to he condemned, a use independent of the will of the private person or private corporation in whom the... | |
| 1904 - Broj stranica: 1244
...to the use which cannot be gainsaid or denied or withdrawn at the pleasure of the owner. « » * The general public must have a definite and fixed use of the property; a use independent of the will of a private person or corporation in whom the title is vested; a public... | |
| 1906 - Broj stranica: 1180
...possess each and all of these qualifications: First The general public must have a definite and uxed use of the property to be condemned; a use independent...owner, but which public use continues to be guarded and eontrolled by the general public through laws passed by the Legislature. Second. This public use must... | |
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