Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 269

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 269

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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. 1917 edition. Excerpt: ...Morn'son v. Morey, 146 Mo. 561; Drainage Dist. v. Railroad, 236 Mo. 111; Houck v. Drainage Dist., 248 Mo. 382; Drainage District v. Turney, 235 Mo. 9; State ex rel. v. Drainage Dist., 192 Mo. 520; State ex rel. v. Bugg, 224 Mo. 552; State ex rel. v. Taylor, 224 Mo. 468. (5) It is a matter of discretion for the Legislature as to which of the two subdivisions of the State--the county or drainage district--it would require to pay for the bridge. Its purpose and use is entirely a public one in which the State is interested and over which it has control. The requirement that it shall be built by the county is constitutional. State ex rel. v. County Court, 34 Mo. 546; State ex rel. v. Mason, ex rel. v. Field, 119 Mo. 614; Eitling v. Hickman, 172 Mo. 258; State ex rel. v. Board of Education, 141 State ex rel. v. Drainage Dist. Mo. 45; Harris v. Bond Co., 244 Mo. 690; Elliott, Roads and Streets, secs. 509-511, 514-526. (6) There is no taking of private property within the meaning of the Constitution, as alleged by the appellant. The public roads of the State are not the private property of the several counties in which they are located; neither are they the property of the individual citizen thereof. They are public easements under the full control of the Legislature, which may authorize them to be used for other public or quasi-public agencies upon such conditions as it sees fit to impose. Douglas County v. Drainage District, 139 N. W. 718; Elliott on Roads and Streets (3 Ed.), sec. 509; Cooley, Constitutional Limitations (4 Ed.), pp. 734, 588; Railroad v. People ex rel., 200 U. S. 561 FARIS, J.--This is a proceeding by injunction brought at the relation of the prosecuting attorney of Scott County, and for the benent of that county, against more

Product details

  • Paperback | 320 pages
  • 189 x 246 x 17mm | 572g
  • United States
  • English
  • black & white illustrations
  • 1236783530
  • 9781236783530