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" Undoubtedly compensation must be made or secured to the owner when that which is done is to be regarded as a taking of private property for public use... "
A Treatise on the System of Evidence in Trials at Common Law: Including the ... - Halaman 2966
oleh John Henry Wigmore - 1905 - 3921 halaman
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Reports from the Court of Claims Submitted to the House of ..., Volume 3

United States. Court of Claims - 1858 - 998 halaman
...may result from such changes of grade. It is argued that such depreciation is an act which causes a taking of private property for public use within the meaning of the Constitution, and, hence, that an obligation to pay results. It is not necessary in this case to inquire to what...
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Reports of Cases in Law and Equity in the Supreme Court of the State of New York

Oliver Lorenzo Barbour - 1858 - 714 halaman
...the act is a valid and binding law. That act does not deprive any citizen of his property, nor take private property for public use, within the meaning of the constitution. The meaning of the word deprived, as used in ยง 6 of art. 1, of the constitution, is the same as the word...
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The War Powers of the President: And the Legislative Powers of Congress in ...

William Whiting - 1862 - 162 halaman
...wholly or partly abolished, for public benefit, or public defence, such abolishment is an appropriation of private property for public use, within the meaning of the constitution. INDEMNITY TO MORMONS. The question has not yet arisen in the courts of the United States, whether the...
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The War Powers of the President

William Whiting - 1862 - 144 halaman
...wholly or partly abolished, for public benefit, or publie defence, such abolishment is an appropriation of private property for public use, within the meaning of the constitution. INDEMNITY TO MORMONS. The question has not yet arisen in the courts of the United States, whether the...
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Reports of Cases Argued and Determined in the Supreme Court and in ..., Volume 2

Hiram Denio - 1863 - 692 halaman
...property, in cases of dire necessity, of which those of fire and pestilence are very prominent, is not a taking of private property for public use, within the meaning of the constitution. If this could be deemed a taking for any use within the meaning of the constitution, I do not feel...
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Cases Decided in the United States Court of Claims ... with ..., Volume 116

United States. Court of Claims, Audrey Bernhardt - 1950 - 1004 halaman
...beyond the bed of the navigable river. 2. The destruction of the agricultural value of the land was a taking of private property for public use within the meaning of the Fifth Amendment of the Federal Constitution, even though there was no actual overflowing of the land....
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The Constitution of the United States Defined and Carefully Annotated

George Washington Paschal - 1868 - 452 halaman
...Coleman, 3 Stockt. NJ 106. The consequential injury occasioned by the grading of a street, is not a taking of private property for public use within the meaning of the prohibition of the Constitution. Macy v. Indianapolis, 17 Ind. 267. The question is not judicial, but...
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The Constitution of the United States Defined and Carefully Annotated

George Washington Paschal - 1868 - 448 halaman
...Coleman, 3 Stockt. NJ 106. The consequential injury occasioned by the grading of a street, is not a taking of private property for public use within the meaning of the prohibition of tlie Constitution. Macy v. Indianapolis, 17 Ind. 267. The question is not judicial,...
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War Powers Under the Constitution of the United States: Military Arrests ...

William Whiting - 1871 - 728 halaman
...wholly or partly abolished, for public benefit, or public defence, such abolishment is an appropriation of private property for public use, within the meaning of the constitution. INDEMNITY TO MORMONS. The question has not yet arisen in the courts of the United States, whether the...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 80

United States. Supreme Court - 1872 - 1546 halaman
...thereby, or diminished in volume, but uo part of which is taken or used for sach improvement, is not a taking of private property for public use within the meaning of the Constitution." Thus it seems clear that a State may, in the interest of the public, erect such works as may be deemed...
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