 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 409av Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1922Uten tilgangsbegrensning - Om denne boken
 | William Meade Fletcher - 1917 - 1212 sider
...Land Co., 45 Neb. 884, 29 LRA 853, 50 Am. St. Rep. 585, 64 NW 343. OTA constitutional provision that "Whenever an attempt is made to take private property...any legislative assertion that the use is public," does not mean that in judicially determining the question of public use the court is to lose sight... | |
 | Charles Kettleborough - 1918 - 1736 sider
...unless a jury be waived as in other civil cases in courts of record, in tlie manner prescribed by law. Whenever an attempt is made to take private property...use be really public shall be a judicial question, aud determined as such without regard to any legislative assertion that the use is public. SEC. IS.... | |
 | Missouri. Supreme Court - 1918 - 878 sider
...to the restrictions of the Constitution, which limits the legislative discretion by declaring that whether the contemplated use be really public shall be a Judicial question. 3. : Railroad: Necessity. A chartered railroad, including its construction, maintenance and operation,... | |
 | Colorado - 1919 - 906 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. Criminal prosecution — Rights of defendant. — That in criminal prosecutions the accused... | |
 | 1904 - 828 sider
...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... | |
 | Missouri. Constitutional convention - 1920 - 524 sider
...the consent of the owner, except for private ways of necessity 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.... | |
 | Missouri. Constitutional convention - 1920 - 458 sider
...the lands of others for agricultural purposes in such manner as may be prescribed by law; and that whenever an attempt is made to take private property for a use alleged to be public, it shall be a judicial question, and as such judicially determined, without regard to any legislative... | |
 | 1921 - 1258 sider
...property may be taken for a public use, and whenever an attempt is made to take property for such purpose, "the question whether the contemplated use be really...public shall be a Judicial question and determined as sucli without regard to any legislative assertion that the use is public." Under this provision of... | |
 | 1924 - 1636 sider
...therefor, subject to the limitations of the state Constitution. One of these, clearly defined, is 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."... | |
 | 1904 - 1036 sider
...tried in this court." The Constitution of the state of Washington provides, in article 1, §16, 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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