 ... 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
 | Charles Kettleborough - 1918 - 1736 páginas
...unless a jury be waived as in other civil cases in courts of record, in tlie manner prescribed by law. Whenever an attempt is made to take private property...use be really public shall be a judicial question, aud determined as such without regard to any legislative assertion that the use is public. SEC. IS.... | |
 | Missouri. Supreme Court - 1918 - 878 páginas
...to the restrictions of the Constitution, which limits the legislative discretion by declaring that whether the contemplated use be really public shall be a Judicial question. 3. : Railroad: Necessity. A chartered railroad, including its construction, maintenance and operation,... | |
 | Colorado - 1919 - 906 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. Criminal... | |
 | Missouri. Constitutional convention - 1920 - 524 páginas
...by the consent of the owner, except for private ways of necessity as may be prescribed by law, and that whenever an attempt is made to take private property...any legislative assertion that the use is public. which was read. Mr. Lackland offered the following amendment to Section twenty-two of the report of... | |
 | 1904 - 828 páginas
...were tried in this court." The Constitution of the state of Washington provides, in article i, § 1 6, 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." In article... | |
 | Missouri. Constitutional convention - 1920 - 458 páginas
...across the lands of others for agricultural 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, it shall be a judicial question, and as such judicially determined, without regard to any legislative... | |
 | Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1921 - 840 páginas
...whenever an attempt is made to take propDissenting Opinion Per MAIN, J. [112 Wash. erty for such purpose, "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 is public." Under this... | |
 | Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1922 - 844 páginas
...DECLARING PURLIC USE. The provision in Const., art. 1, § 16, that in the condemnation of private property, whether the contemplated use be really public shall be a judicial question, does not preclude the legislature from declaring in the first instance that a purpose is a public one.... | |
 | 1908 - 1056 páginas
...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...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... | |
 | 1925 - 470 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...regard to any legislative assertion that the use is public."80 It further provides "That private property shall not be taken or damaged for public use... | |
| |
