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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 the use... "
Cases Determined in the Supreme Court of Washington - Side 409
av Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1922
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The Central Law Journal, Volum 2

1875 - 722 sider
...as may be prescribed by law, and that whenever an attempt is made to take private property for any use alleged to be public, the question whether the...be really public shall be a judicial question, and as such judicial question determined without regard to any legislative assertion that the use is public....
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A Handbook of Politics for 1868 [to 1894]

Edward McPherson - 1872
...others for agricultural and sanitary purposes, in such manner as may be prescribed by law; and that whenever an attempt is made to take private property...be really public shall be a judicial question, and, as such, judicially determined, without regard to any legislative assertion that the use is public....
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General Laws of the State of Colorado, Comprising that Portion of the ...

Colorado - 1877 - 1182 sider
...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...any legislative assertion that the use is public. SEC. 16. That in criminal prosecutions the accused shall have the right to appear and defend in person...
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The Federal and State Constitutions: Colonial Charters, and Other Organic ...

Benjamin Perley Poore - 1877 - 1054 sider
...property shall not be needlessly disturbed, or the proprietary rights of the owner therein divested ; and ained, or punished, except in cases clearly warranted...open, and every person, for an injury done to him in SEC. 1 6. That in criminal prosecutions the accused shall have the right to appear and defend in'person...
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The Federal and State Constitutions, Colonial Charters, and Other ..., Del 1

1878 - 1042 sider
...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...question, and determined as such without regard to any leg1slative assertion that the use is public. SEC. 1 6. That in crimmal prosecutions the accused shall...
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A Treatise Upon the Law of Eminent Domain

Henry Edmund Mills - 1879 - 484 sider
...purposes will not be tolerated.2 The Missouri Constitution of 1875, art. II, sec. 20, provides " that whenever an attempt is made to take private property...question whether the contemplated use be really public shnll be a judicial question, and as such judicially determined, without regard to any legislative...
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The Federal Reporter, Volum 129

1904 - 1108 sider
...tried in this court." The Constitution of the state of Washington provides, in article i, § 1 6, that: "Whenever an attempt is made to take private property...any legislative assertion that the use is public." In article 4, § 4, the Constitution gives the Supreme Court of the state power to issue all writs...
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The Federal Reporter, Volum 119

1903 - 1116 sider
...supreme court holds that under section 20, art. 2, of the state constitution, which provides "that whenever an attempt is made to take private property...be really public shall be a judicial question, and as such judicially determined, without regard to any legislative assertion that the use is public,"...
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History of Ray County, Mo

1881 - 864 sider
...others for agricultural and sanitary purposes, in such manner as may be prescribed by law; and that whenever an attempt is made to take private property...be really public shall be a judicial question, and as such, judicially determined, without regard to any legislative assertion that the use is public....
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The History of Pettis County, Missouri: Including an Authentic History of ...

1882 - 1152 sider
...others for agricultural and sanitary purposes, in such manner as may be prescribed by law ; and that whenever an attempt is made to take private property...be really public shall be a judicial question, and as such, judicially determined, without regard to any legislative assertion that the use is public....
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