 ... 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
 | 1909 - 1164 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." The contention... | |
 | Francis Newton Thorpe - 1909 - 720 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. SEC. 17. There... | |
 | Francis Newton Thorpe - 1909 - 698 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 ihe use is public. SEC. 16. That... | |
 | 1909 - 1374 páginas
...(art. 15, § 2), Missouri (art. 2, § 20), and Washington (art. 1, § 16), all provide in substance that, whenever an attempt is made to take private...public, the question whether the contemplated use really is public shall be a judicial question, and determined as such, without regard to any legislative... | |
 | Francis Newton Thorpe - 1909 - 664 páginas
...compensation being first made to the owner or owners thereof, in a manner to be prescribed by law; and whenever an attempt is made to take private property...public, the question whether the contemplated use be public shall be a judicial question, and as such determined without regard to legislative assertion... | |
 | Francis Newton Thorpe - 1909 - 702 páginas
...the proprietary rights of tinowner therein divested; and whenever an attempt is made to tu!;.private property for a use alleged to be public, the question...use be really public shall be a judicial question, ai ' determined as such without regard to any legislative assertion that the use is public. SEC. 16.... | |
 | New York (State). Legislature. Senate - 1910 - 380 páginas
...being first made to the owners thereof, and whenever an attempt is made to take private property for use alleged to be public the question whether the contemplated use be public shall be a judicial question. The Legislature shall pass laws to prevent abuses, unjust discrimination... | |
 | Arizona. Canvassing Board - 1911 - 44 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. SEO. 19. Any... | |
 | John Forrest Dillon - 1911 - 784 páginas
...Constitution of Missouri of 1875 (§ 20, art. 2) provides that "the question whether the contemplated use pe really public shall be a judicial question, and, as...any legislative assertion that the use is public." See Savannah v. Hancock, 91 Mo. 54. In Kentucky it has been decided that •where real property has... | |
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