 | 1837 - Страниц: 538
...EMINENT DOMAIN. (Limitation of right of.) The right of eminent domain does not authorize the government to take the property of one citizen and transfer it to another, even for a full compensation, if the public interest will not be promoted by such transfer. But the legislature is the sole judge... | |
 | 1838 - Страниц: 700
...^c. of Albany, 3 Paige, 213. -. 222. The right of eminent domain does no' authorize the government to take the property of one citizen and transfer it to another even for a full compensation; if the public interés' will not be promoted by such transfer. But the Legislature is the sole judge... | |
 | Joseph Kinnicut Angell - 1840 - Страниц: 294
...stream, the act cannot be maintained.2 For, the right of eminent domain does not authorize the government to take the property of one citizen and transfer it to another, even for a full compensation, if the public interest will not be promoted by the transfer. But, according to the views of some, the... | |
 | E. Fitch Smith - 1848 - Страниц: 1004
...be made to the owner. § 329. Chancellor Wal worth has held,(a) the right of eminent domain did not imply a right in the sovereign power to take the property...for a full compensation, where the public interest would in no way be promoted by such transfer, and if the legislature should attempt thus to transfer... | |
 | E. Fitch Smith - 1848 - Страниц: 1040
...the sovereign power." § 139. Chancellor Walworth has said, that the right of eminent domain, did not imply a right in the sovereign power to take the property of one citizen and transfer it to another when the public interest would be in no way promoted thereby, even if a full compensation for such... | |
 | Joseph Kinnicut Angell - 1854 - Страниц: 732
...; yet the right of eminent domain does not authorize the government, even for a full compensation, to take the property of one citizen and transfer it to another, when the public is not interested in the transfer.1 The possession and exertion of such a power would... | |
 | Theodore Sedgwick - 1857 - Страниц: 770
...taken for the public use without just compensation to the owner, and in the mode prescribed by law. The right of eminent domain does not, however, imply...another, even for a full compensation, where the public interests will be in no way promoted by such transfer." Beekman vs. Saratoga and Schenectady RR Co.,... | |
 | Theodore Sedgwick - 1857 - Страниц: 774
...without just compensation to the owner, and in the mode prescribed by law. The right of eminent domtiin does not, however, imply a right in the sovereign...another, even for a full compensation, where the public interests will be in no way promoted by such transfer." Beekman vs. Saratoga and Schenectady RR Co.,... | |
 | New York (State). Supreme Court, Oliver Lorenzo Barbour - 1863 - Страниц: 720
...for public use, without full compensation. The right The People v. Kerr. of eminent domain does not imply a right in the sovereign power to take the property...transfer it to another, even for a full compensation, unless the public interest is to be so promoted as to render such taking necessary. Even then, only... | |
 | Thomas McIntyre Cooley - 1868 - Страниц: 776
...without reference to a public use to which it is to be applied. " The right of eminent domain does not imply a right in the sovereign power to take the property...interest will be in no way promoted by such transfer," 3 The legislature, therefore, cannot authorize 1 Currier v. Marietta & Cincinnati RR Co., 11 Ohio,... | |
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The right of eminent domain," it has been said, " does not imply a right in the sovereign power to take the property of one citizen and transfer it to another, even for a full compensation, where the public interest will be in no way promoted by such... 
