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" ... whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public, shall be a judicial question, and determined as such without regard to any legislative assertion that... "
Cases on the Law of Torts - Stranica 1331
napisao/la Francis Hermann Bohlen - 1915
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Road Laws of the State of Washington: Including Laws Passed at the Session ...

Washington (State) - 1903 - Broj stranica: 1326
...unless a jury be waived as in other civil cases in courts of record, in the manner prescribed by law. Whenever an attempt is made to take private property...public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative...
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Lawyers' Reports Annotated, Knj.60

1903 - Broj stranica: 1046
...highway across his premises, "unless the owuer of such land, or 1902. Kov., scribed by law; and that, whenever an attempt is made to take private property...public, the question whether the contemplated use be really public shall be a judicial question, and as such judicially determined, without regard to any...
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A Treatise on the American Law Relating to Mines and Mineral Lands ..., Opseg 1

Curtis Holbrook Lindley - 1903 - Broj stranica: 1100
...a " jury be waived, as in other civil cases in courts of record, in " the manner prescribed by law. Whenever an attempt is " made to take private property...public, " the question whether the contemplated use be really public " shall be a judicial question, and determined as such, without "regard to any legislative...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Opseg 28

Idaho. Supreme Court - 1916 - Broj stranica: 938
...constitution of that state. (See sec. 16, art. 1, of the Const, of Wash. 1889.) It is there provided: "Whenever an attempt is made to take private property...public, the question whether the contemplated use be really public- shall be a judicial question, and determined as such, without legard to any legislative...
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The American State Reports: Containing the Cases of General Value ..., Opseg 94

Abraham Clark Freeman - 1903 - Broj stranica: 1060
...cannot be taken for public use with or without compensation, unless by consent of the owner, and that whenever an attempt is made to take private property...for a use alleged to be public, the question whether it is really such shall be a judicial question. (Mo.) Mound City Land etc. Co. v. Miller, 727. 2. CONSTITUTIONAL...
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Civil Government of Colorado

Dorus Reuben Hatch - 1904 - Broj stranica: 136
...property shall not be needlessly disturbed, or the proprietary rights of the owner therein divested; and whenever an attempt is made to take private property...public, the question whether the contemplated use be really public, shall be a judicial question, and determined as such without regard to any legislative...
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Colorado History and Government, with State Constitution

James Eugene Snook - 1904 - Broj stranica: 126
...property shall not be needlessly disturbed, or the proprietary rights of the owner therein divested; and whenever an attempt is made to take private property...public, the question whether the contemplated use be really public, shall be a judicial question, and determined as such without regard to any legislative...
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Cases Determined in the Supreme Court of Washington, Opseg 33

Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1904 - Broj stranica: 826
...that only two cither states, viz., Colorado and Missouri, have the provision of our constitution that "whenever an attempt is made to take private property for a use alleged to lw public, the question whether the contemplated use be really public shall be a judicial question...
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The American State Reports: Containing the Cases of General Value and ...

Abraham Clark Freeman - 1904 - Broj stranica: 1128
...a jury lie waived as in other civil cases in court; •of record, in the manner prescribed by law. Whenever an attempt is made to take private property for a use alleged to b? public, the question whether the contemplated use be really public shall be a judicial question,...
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Enabling Act and State Constitution with Side Notes and Index

Washington (State) - 1905 - Broj stranica: 96
...unless a jury be waived as in other civil cases in courts of record, in the manner prescribed by law. Whenever an attempt is made to take private property...public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative...
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