Maryland Reports, Cases Adjudged in the Court of Appeals of Maryland Volume 5

Maryland Reports, Cases Adjudged in the Court of Appeals of Maryland Volume 5

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1854 edition. Excerpt: ... of 1817, c/1. 14S, scc. 16, the ground upon the beds of streets in the city of Baltimore is to be regarded as unimprovable? Has the legislature any power to interdict iniprovements upon the beds of streets without giving compensation to the owners? We say the first proviso to the sixteenth section of the act referred to, "that no person shall be entitled to damages for any improvenrent unless the same shall have been made or erected before the laying out or locating of such street, lane or alley, or part thereof, respectively," is not a. constitutional exercise of legislative power, because it takes private property for public uses without compensation. The taking from a party the use J his property is, in fact, taking from him his property itself. It is true that the act of 1832, ch. 207, gives the discretion to the city authorities to limit the time within which particular streets shall he opened, and to provide that if, by such time, they are not opened the owners may improve them, yet no such discretion has been exercised; and the act of 1838, ch. 226, does not compel the city to adhere to the streets laid down on the plat in its future proceed ings in opening streets. The result is, that owners may be kept out of the use of their property forever. If the legislature can say no use of property shall ever be made, without giving any compensation for such restriction, it can take private property for public use without compensation, for the principle is the same. The proposition is a startling one and cannot be sustained. See the Old BilZofRights, secs. 3, 2. 2 Kent's Uom., 339. 1 Bal11win's C. C'. Rep, 220, Bonaparte vs. Camden and Amboy Rail Road Co. 5 Gill, 383, A leraizdcr, et al., vs. The Mayor and City...
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Product details

  • Paperback
  • 189 x 246 x 12mm | 399g
  • United States
  • English
  • black & white illustrations
  • 1236900073
  • 9781236900074