... 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, judicially determined, without regard to any legislative assertion... American law reports annotated - Página 3111924Vista completa - Acerca de este libro
| 1903 - 1010 páginas
...Company— Certiorari to Review Condemnation Proceedings — Jurisdiction. Const, art. 1, J 16, provides that, whenever an attempt is made to take private...be really public shall be a judicial question, and determined as such, without regard to any legislative assertion that the use is public. Article 4,... | |
| Washington (State) - 1903 - 1326 páginas
...unless a jury be waived as in other civil cases in courts of record, in the manner prescribed by law. Whenever an attempt is made to take private property...be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public. Cited: 2 \V.... | |
| Colorado. Dept. of State - 1903 - 326 páginas
...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...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... | |
| Colorado. Department of State - 1903 - 310 páginas
...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...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... | |
| Idaho. Supreme Court - 1916 - 938 páginas
...constitution of that state. (See sec. 16, art. 1, of the Const, of Wash. 1889.) It is there provided: "Whenever an attempt is made to take private property...be really public- shall be a judicial question, and determined as such, without legard to any legislative assertion that the use is public." The constitution... | |
| Abraham Clark Freeman - 1903 - 1024 páginas
...unless a jury be waived, as in other civil cases in courts of record, in the manner prescribed by law. Whenever an attempt is made to take private property...whether the contemplated use be really public shall be a judiical question, and determined as such without regard to any legislative assertion that the use... | |
| Curtis Holbrook Lindley - 1903 - 1104 páginas
...a " Jury be waived, as in other civil eases in courts of record, in " the manner prescribed by law. Whenever an attempt is " made to take private property...question whether the contemplated use be really public 1 Const. N. Dak., art. i, § 14. » Const. Utah, art. i, § 22. • Const. S. Dak., art. vi, § 13.... | |
| Abraham Clark Freeman - 1903 - 1060 páginas
...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...to be public, the question whether the contemplated we fce really public shall be a judicial question, and as such judicially determined, without regard... | |
| Abraham Clark Freeman - 1903 - 1086 páginas
...constitutions by the following provision: "Whenever an attempt is made to take private property for a n-» alleged to be public, the question whether the contemplated...be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public." In Denver RR... | |
| James Eugene Snook - 1904 - 126 páginas
...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...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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