 Fifth Amendment's guarantee that private property shall not be taken for a public use without just compensation was designed to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by...  Public Policy Editorials - Page 184by Allen Ripley Foote - 1903Full view - About this book
 | 1916 - 506 pages
...Limitations. And so it has been determined that the clause in the federal Constitution providing that private property shall not be taken for a public use without just compensation is no part of the right itself, but only a limitation of the right. In other words, the right of eminent... | |
 | Isaac Grant Thompson - 1876 - 842 pages
...are unconstitutional and therefore void. Section 18 of article I of the constitution provides that "private property shall not be taken for a public use * * * without just compensation." The constitution of nearly every State in the Union contains a provision in substance like this, which... | |
 | 1912 - 1148 pages
...VALIDITY OF STATUTES— TAXING POWER— JUDICIAL AUTHORITY. And Const, art. 1, § 16, which provides that private property shall not be taken for a public use without just compensation, refers to the exercise of the right of eminent domain and illegal exactions disguised under the name... | |
 | 1918 - 1258 pages
...state." One of the constitutional safeguards that the city cannot violate is that which provides that private property shall not be taken for a public use without just compensation. Article 1, § 6. Ever since the case of Story v. NY El. RR, 90 NY 122, 43 Am. Rep. 146, it has been... | |
 | 1900 - 1098 pages
...herein, is repugnant to the 6th Amendment of the Constitution of the United States, which provides that private property shall not be taken for a public use without just compensation. "Fifth. That the said act of the legislature, as interpreted by the decision herein, is repugnant to... | |
 | Emlin McClain - 1904 - 490 pages
...the other to the compensation which must be made ; for while the specific provisions are only that private property shall not be taken for a public use without just compensation, such a provision is interpreted as meaning that the state or federal government shall not take private... | |
 | Abraham Clark Freeman - 1906 - 1108 pages
...construction cf artificial obstructions in a natural watercourse amounts to a taking of the land, within the constitutional provision that private property...taken for a public use without just compensation: See the monographic notes to Vanderlip v. Grand Rapids, 16 Am. St. Rep. 611; Sheehy v. Kansas City... | |
 | Abraham Clark Freeman - 1906 - 1116 pages
...of the municipality is cut off or very substantially impaired, enable him to recover damages under a constitutional provision that private property shall...taken for a public use without just compensation: Gilbert v. Greely etc. BB Co., 13 Colo. 501, 22 Pac. 814; Union Pac. By. Co. v. Foley, 19 Colo. 280,... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1906 - 744 pages
...regulating the exercise of the right of eminent domain, is, so far as applicable herein, as follows: "Private property shall not be taken for a public use * * without just compensation * * first assessed and tendered": Const. Or. Art. I, § 18. This clause impliedly prohibits the taking... | |
| |
