Treatise on the Law of Corporations; General and Local, Public and Private, Aggregate and Sole Volume 1

Treatise on the Law of Corporations; General and Local, Public and Private, Aggregate and Sole Volume 1

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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. 1881 edition. Excerpt: ...and without the damages having been first so ascertained and paid for or tendered to him, is, or would, if consummated, be in the nature of an irreparable injury, for the prevention of which, the writ of injunction constitutes an appropriate remedy;(l2) and the court to whom the application is made should, unless some peculiar reasons be shown for denying it, be issued in due form to the party to protect his constitutional rights which are, or are threatened to be, so (Ila) It is held in Illinois that courts have the right to determine whether the use to which private property is proposed to be appropriated, is-public in its nature or not; but when the use is public, the judiciary cannot inquire into tho necessity or propriety of exercising the right of eminent domain. The right is political in its nature; and to determine when it shall be exercised belongs exclusively to the legislative department. Chicago, etc., R. Co. v. Town of Lake, 71 Ill. 333. Under the statutes of Michigan of March, 1865, and April, 1873, an act authorizing proceedings to obtain a. compulsory right to flow lands for the purpose of mill-dams, were held to be unconstitutional and void for the reason that the occupancy of private lands authorized by them is not limited to taking such as are necessary for public use. The development of water power, and erection of dams and mills in that state, is not of such general advantage as to constitute a. public use such as justifies the taking of lands in right of eminent domain. Ryerson 1;. Brown, 35 Mich. (12) A law which authorizes an entry upon another man's land, for the purpose of making the preliminary or final surveys for a corporate work, before compensation is made, is constitutional, if it makes suitable...
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Product details

  • Paperback | 240 pages
  • 189 x 246 x 13mm | 435g
  • United States
  • English
  • black & white illustrations
  • 1236939905
  • 9781236939906