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" But acts done in the proper exercise of governmental powers, and not directly encroaching upon private property, though their consequences may impair its use, are universally held not to be ' a taking ' within the meaning of the constitutional provision. "
Albany Law Journal - Halaman 296
1885
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Cases Decided in the Court of Claims of the United States, Volume 107

United States. Court of Claims - 1947 - 806 halaman
...its agents, if there be any, must be that, and that only, which the legislature shall give * * * But acts done in the proper exercise of governmental powers,...impair its use, are universally held not to be a taking Opinion of the Court within the meaning of the constitutional provision. They do not entitle the owner...
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Albany Law Journal, Volume 36

1888 - 564 halaman
...consequences may impair their use, are universally held not to bo a taking within the meaning of the provision. They do not entitle the owner of such property...compensation from the State or its agents, or give him a right of action. This is supported by an immense weight of anthority. Those who are anxious to see...
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The Central Law Journal, Volume 90

1920 - 496 halaman
...be bona fide. — Messenger v. Messenger, Iowa, 176 NW 260. 39. Eminent Domain — Encroachment. — Acts done In the proper exercise of governmental powers,...property, though their consequences may impair its use, do not constitute a taking of the property. — Hlggins v. Board of Supervisors of Dickinson County,...
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The American Reports: Containing All Decisions of General ..., Volume 26

Isaac Grant Thompson - 1879 - 886 halaman
...State that private property shall not be taken for public use without just compensation being mode. But acts done in the proper exercise of governmental powers,...directly encroaching upon private property, though their conseFellowes v. City of New Haven. quences may impair its use, are universally held not to be a taking...
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The Supreme Court Reporter, Volume 19

1899 - 962 halaman
...decided "that acts done In the proper exercise of governmental power, and not directly encroaching on private property, though their consequences may impair...within the meaning of the constitutional provision." Bemoving any apparent antagonism of this proposition to Pumpelly v. Green Bay Co., 13 Wall. 166, and...
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Supreme Court Reporter, Volume 8

1888 - 1450 halaman
...Transportation Co. v. Chicago, 99 US 642, was an extreme qualification of the doctrine, universally held, that "acts done in the proper exercise of governmental...directly encroaching upon private property, though these consequences may impair its use," do not constitute a taking within the meaning of the constitutional...
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Supreme Court Reporter, Volume 8

1888 - 1462 halaman
...Transportation Co. v. Chicago, 99 US 642, was an extreme qualification of the doctrine, universally held, that "acts done in the proper exercise of governmental...directly encroaching upon private property, though these consequences may impair its use," do not constitute a taking within the meaning of the constitutional...
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The Pacific Reporter, Volume 6

1885 - 968 halaman
...state, that private property shall not be taken for public use without just compensation being made. But acts done in the proper exercise of governmental powers,...consequences may impair its use, are universally held not to bo a taking within the meaning of the constitutional provision. They do not entitle the owner of such...
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West Coast Reporter: Containing All the Decisions as Fast as Filed ..., Volume 5

1885 - 1000 halaman
...state, that private property shall not be taken for public use without just compensation being made. But acts done in the proper exercise of governmental powers,...universally held not to be a taking within the meaning of tho constitutional provision. They do not entitle the owner of such property to compensation from the...
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An Exposition of the Constitution of the United States

Henry Flanders - 1885 - 336 halaman
...property. It must be taken only for the public use, and just compensation must be made for it. But acts done in the proper exercise of governmental powers,...though their consequences may impair its use, are held not to be a taking within the meaning of this provision of the Constitution. They do not entitle...
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