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" 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... "
Reports of Cases in Law and Equity, Determined in the Supreme Court of the ... - Side 21
av Iowa. Supreme Court - 1872
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Documents Accompanying the Journal ...

Michigan. Legislature - 1845 - 280 sider
...by the taking of private property, it rests with the legislature to say whether the public benefit will be of sufficient importance to render it expedient...them to exercise the right of eminent domain and to authorize an interference with the private rights of individuals." This is the language ofChancellar...
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Commentaries on Statute and Constitutional Law and Statutory and ...

E. Fitch Smith - 1848 - 1040 sider
...His decision in that case was placed on the ground, that if the public interest could in any way be promoted by the taking of private property, it must...them to exercise the right of eminent domain, and to authorize an interference with private rights for that purpose. That it was upon this principle that...
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Commentaries on Statute and Constitutional Law and Statutory and ...

E. Fitch Smith - 1848 - 1004 sider
...taken by the chancellor in Beekman v. Saratoga and Schencctady Pail Road Company, where he says: ' If the public interest can be in any way promoted...be of sufficient importance to render it expedient to exercise the right of eminent domain, and to authorize an interference with the private rights of...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volum 3

Georgia. Supreme Court - 1848 - 712 sider
...tacit agreement or implied understanding. The legislature must determine, in its wisdom and discretion, whether the benefit to the public will be of sufficient importance to render it proper for them to exercise the right of eminent domain, and to authorize an interference with the...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volum 9

Georgia. Supreme Court - 1851 - 716 sider
...states the doctrine upon this subject to be, that " if the public interest can be in any way promated by the taking of private property, it must rest in...them to exercise the right of. eminent domain, and to authorize an interference with the private rights of individuals for that purpose." See also Commonwealth...
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A Treatise on the Law of Watercourses: With an Appendix, Containing Statutes ...

Joseph Kinnicut Angell - 1854 - 732 sider
...the public interest can in any way be promoted by taking private property, it in a great degree rests in the wisdom of the legislature to determine whether...them to exercise the right of eminent domain, and to authorize an interference with private rights for that purpose. As it has been said by a distinguished...
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A Treatise on the Law of Real Estate: And of the Mode of Alienation Thereof ...

John Willard - 1861 - 718 sider
...But if the public interest will be in any way promoted by the taking of private property, it rests in the wisdom of the legislature to determine whether...for them to exercise the right of eminent domain. (Beckman v. Saratoga and Sch. Rail Road Co. 3 Paige, 73.) No just sovereign would take the property...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volum 39

Illinois. Supreme Court - 1868 - 730 sider
...RR Co., 3 Paige, 63. It rests in the wisdom of the legislature to determine whether the benefit of the public will be of sufficient importance to render...them to exercise the right of eminent domain ; and when the legislature determines the question, the courts have no power to review the legislative action,...
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - 1868 - 776 sider
...Bloodgood v. Mohawk & Hudson RR Co., 18 Wend. 60. to what is a public use. It has been said that " if the public interest can be in any way promoted...them to exercise the right of eminent domain, and to authorize an interference with the private rights of individuals for that purpose.1 It is upon this...
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Reports of Cases Argued and Determined in the Court of Chancery ..., Volum 3

New Jersey. Court of Chancery - 1868 - 636 sider
...Chancellor Waiworth : " But if the public interest," such are the words of this enlightened jurist, " can be in any way promoted by the taking of private...them to exercise the right of eminent domain, and to authorize an interference with the private rights of individuals for that purpose. It is upon this...
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