Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 170

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 170

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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. 1908 edition. Excerpt: ...fifteen, sixteen and twenty-four averred that the statute of 1905 (Acts 1905, p. 59, 893-904 Burns 1905), upon which this proceeding was founded, is 17. unconstitutional, for the reason that section five ( 897, supra) authorizes appellee to take possession of ap pellants' real estate before the matters in controversy are de termined upon appeal, in violation of 12, 21, and 24, ar-' ticle 1, of the Constitution of Indiana, and 10, article 1, and 1 of the 14th amendment to the Constitution of the United States. In Consumers Gas Trust Co. v. Harless (1892), 131 Ind. 446, 15 L. R. A. 505, this court said at page 451: "The right of eminent domain is limited only by the Constitution, and the only limitation in this State is, that no man 's property shall be taken by law without just compensation; nor, except in case of the State, without such compensation first assessed and tendered." See, also, Aurora, etc., R. Co. v. M-illc-r (1877), 56 Ind. 88. The statute in question does not deny, but seeks to secure, this right, by making ample provision for the assessment, recovery and payment of all damages before actual possession is taken. A right of appeal is not an inherent right of the citizen, and may be granted or withheld at the pleasure of the legislative department of the State. When the State finds it expedient for the public good to delegate its sovereign authority, and clothe a citizen or creature of the law with such extraordinary power as the right of eminent domain, it would appear impolitic and unseemly that its exercise should be indefinitely stayed during vexatious litigation. The right of appeal from the interlocutory order, the right to an appraisement of damages and...
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Product details

  • Paperback | 282 pages
  • 189 x 246 x 15mm | 508g
  • United States
  • English
  • black & white illustrations
  • 1236945530
  • 9781236945532