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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 Southwestern Reporter - Page 166
1902
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The Central Law Journal, Volume 2

1875 - 722 pages
...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...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
...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...any legislative assertion that the use is public. That private property shall not be taken or damaged for public use without just compensation. Such...
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The Federal and State Constitutions: Colonial Charters, and Other Organic ...

Benjamin Perley Poore - 1877 - 1054 pages
...not be needlessly disturbed, or the proprietary rights of the owner therein divested ; and whenever punished, except in cases clearly warranted by law....without just compensation therefor. SEC. 1 2. All c determined as such without regard to any legislative assertion that the use is public. SEC. 1 6. That...
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General Laws of the State of Colorado, Comprising that Portion of the ...

Colorado - 1877 - 1182 pages
...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...be really public, shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public. SEC. 16. That...
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A Treatise Upon the Law of Eminent Domain

Henry Edmund Mills - 1879 - 484 pages
...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...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, Volume 119

1903 - 1116 pages
...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...any legislative assertion that the use is public," such matter is from its inception to its end judicial in its character; that the defendant owner of...
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The Federal Reporter, Volume 129

1904 - 1108 pages
...court." The Constitution of the state of Washington provides, in article i, § 1 6, that: "Whenever an attempt is made to take private property for a...be really public shall be a judicial question, and determined as such, without regard to any legislative assertion that the use is public." In article...
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History of Ray County, Mo

1881 - 864 pages
...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...any legislative assertion that the use is public. SEC. 21. That private property shall not be taken or damaged for public use without just compensation....
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The History of Pettis County, Missouri: Including an Authentic History of ...

1882 - 1152 pages
...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...any legislative assertion that the use is public. SEC. 21. That private property shall not be taken or damaged for public use without just compensation....
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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
...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...any legislative assertion that the use is public." Cons. 1875, Art. II. sec. 20. See also Stockton RR ». Stockton, 41 Cal. 147; Bankhead v. Brown, 25...
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