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" In this and similar cases the legislature alone can, and indeed frequently does, interpose, and compel the individual to acquiesce. But how does it interpose and compel ? Not by absolutely stripping the subject of his property in an arbitrary manner ;... "
Law of Real Property: Being a Complete Compendium of Real Estate Law ... - Side 222
redigert av - 1892
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The Central Law Journal, Volum 68

1909 - 538 sider
...and frequently does Interfere the Individual to acquiesce. But how does it interpose and compel? Not by absolutely stripping the subject of his property In an arbitrary manner, but by giving him a full equivalent for the injury thereby sustained." I Bl. Com. 139. (12) In re Jacobs, 98 NT 98 105; Bertholf...
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The Central Law Journal, Volum 16

1883 - 538 sider
...public use until just and adequate compensation being "first paid." All that the legislature can do is to oblige the owner to alienate his possessions -for a reasonable price for public use — but then the Constitution interposes its protective shield and affixes the condition...
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The Taking Issue: A Study of the Constitutional Limits of ..., Volum 13

Fred P. Bosselman, David L. Callies, John S. Banta - 1973 - 370 sider
...frequently does, interpose and compel the individual to acquiesce. But how does it interpose and compel? Not by absolutely stripping the subject of his property...possessions for a reasonable price; and even this is an execution of power, which the legislature indulges with SOl-478 O - 73 - 9 caution, and which nothing...
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Minnesota Reports: Cases Argued and Determined in the Supreme ..., Volum 16

Minnesota. Supreme Court - 1872 - 608 sider
...does interpose, and compel the individual to acquiesce. But how does it interpose and compel 1 Not by absolutely stripping the subject of his property...alienate his possessions for a reasonable price." 1 Bl. 139. Langford v. The Commissioners of Ramsey County. expediency of the exercise of the power...
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Commentaries on the Laws of England, Volume 1: A Facsimile of the First ...

William Blackstone - 1979 - 497 sider
...interpofe and compel ? Not by abfolutcly ftripping the fubject of his property in an arbitrary manner j but by giving him a full indemnification and equivalent for the injury thereby fuilained. The public is now confidered as an individual, treating with an individual for an exchange....
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Takings: Private Property and the Power of Eminent Domain

Richard A. Epstein - 1985 - 380 sider
...if not impossible, and compel the individual to acquiesce. But how does it interpose and compel? Not by absolutely stripping the subject of his property...individual, treating with an individual for an exchange. All the legislature does, is to oblige the owner to alienate his possessions for a reasonable price; and...
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Liberty, Property, and the Foundations of the American Constitution

Ellen Frankel Paul, Howard Dickman - 1989 - 210 sider
...protection afforded the right of property, he wrote that the legislature can acquire property "not by absolutely stripping the subject of his property...and equivalent for the injury thereby sustained." Blackstone asserted that this is but one instance "in which the law of the land has postponed even...
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Report to the Attorney General on Economic Liberties Protected by the ...

1988 - 160 sider
...government for the public good, Blackstone stresses that government cannot take "by absolutely stripping subject of his property in an arbitrary manner; but...indemnification and equivalent for the injury thereby sustained."42 In short, Blackstone's analysis of what constitutes appropriate compensation for a taking...
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Simple Rules for a Complex World

Richard A. Epstein - 1995 - 382 sider
...Commentaries on the Laws of England *135 (1765). "But how does it [the legislature] interpose and compel? Not by absolutely stripping the subject of his property...and equivalent for the injury thereby sustained." This injury is far greater than the value of the property taken, for it includes loss of good will...
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Protecting Private Property Rights from Regulatory Takings: Hearing Before ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution - 1996 - 140 sider
...frequently does, interpose and compel the individual to acquiesce. But how does it interpose and compel? Not by absolutely stripping the subject of his property...indemnification and equivalent for the injury thereby sustained.10 COLONIAL PRACTICE The just compensation principle was widely accepted in colonial America.11...
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