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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 - Side 1331
av Francis Hermann Bohlen - 1915
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The Central Law Journal, Volum 92

1921 - 510 sider
...Section IT of the Mississippi Constitution, which provides that "private property shall not be • • * damaged for public use. except on due compensation being first made to the owner or owners thereof." has no bearing on the liability vel non of a corporation either public or private for the unauthorized...
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A Treatise on the Rules which Govern the Interpretation and Construction of ...

Theodore Sedgwick - 1874 - 750 sider
...Minnesota, x, 4. Private property shall not be taken for public use except upon due compensation first being made to the owner or owners thereof in a manner to be provided by law. — Mississippi, i, 10. No private property ought to be taken or applied to public...
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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 contemplated use be really public shall be a judicial question, and as such judicial question determined without regard...
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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...public, the question whether the contemplated use be really public shall be a judicial question, and, as such, judicially determined, without regard to...
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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...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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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 ; detained, or punished, except in cases clearly warranted...property of no person shall be taken for public use wit really public shall be a judicial question, and determined as such without regard to any legislative...
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The American Reports: Containing All Decisions of General Interest ..., Volum 24

Isaac Grant Thompson - 1878 - 884 sider
...provides that "private property shall not be taken for public use except upon due compensation first being made to the owner or owners thereof, in a manner to be provided by law." So far as the clause quoted from the Constitution of the United States is concerned,...
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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...public, the question whether the contemplated use be really public shnll be a judicial question, and as such judicially determined, without regard to any...
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The Federal Reporter, Volum 143

1906 - 1052 sider
...of section 17 of the Constitution of Mississippi, which provides that: "Private property shall not be taken or damaged for public use, except on due...or owners thereof in a manner to be prescribed by law." The relief sought is an injunction restraining the city from exercising the powers conferred...
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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...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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