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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... "
The Southern Reporter - Page 462
1912
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A Handbook of Politics for 1868 [to 1894]

Edward McPherson - 1872
...lands of 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 for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and, as such,...
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The Federal and State Constitutions: Colonial Charters, and Other Organic ...

Benjamin Perley Poore - 1877 - 1054 pages
...property shall not be needlessly disturbed, or the proprietary rights of the owner therein divested ; and ained, or punished, except in cases clearly warranted by law. SEC. n. The property o the question whether the contemplated use be really public shall be a judicial question, and determined...
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General Laws of the State of Colorado: Comprising that Portion of the ...

Colorado - 1877 - 1182 pages
...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 for a use alleged to be public, the question whether the contemplated use be really public, shall be a judicial question, and determined...
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A Treatise Upon the Law of Eminent Domain

Henry Edmund Mills - 1879 - 484 pages
...private 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 for a use alleged to be public, the question whether the contemplated use be really public shnll be a judicial question, and as such...
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The Federal Reporter, Volume 129

1904 - 1108 pages
...were tried in this court." The Constitution of the state of Washington provides, in article i, ยง 1 6, that: "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...
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The Federal Reporter, Volume 119

1903 - 1116 pages
...state 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 for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and as such...
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History of Ray County, Mo

1881 - 864 pages
...lands of 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 for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and as such,...
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The History of Pettis County, Missouri: Including an Authentic History of ...

1882 - 1152 pages
...of 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 for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and as such,...
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The American and English Railroad Cases: A Collection of All Cases in the ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1884 - 776 pages
...such. Missouri has left nothing in doubt by inserting in her constitution the following provision : " 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 as such...
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The Law of Water for Irrigation in Colorado

Samuel Warner Carpenter - 1886 - 164 pages
...not be needlessly disturbed, or the proprietary rights of the owner therein invested [divested] ; and 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...
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