A Treatise on the Law of Eminent Domain in the United States

A Treatise on the Law of Eminent Domain in the United States

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 edition. Excerpt: ...all other property, may be taken upon making just compensation. 276. General principles deducible from the foregoing decisions in respect to the taking of property already devoted to public use--Jirst. All property held for public use 18 still subject to the eminent domain power of the State, with this exception: that it cannot be taken to be used for the same purpose in the same manner. If this were not so, then, as remarked by a learned judge, "great public improvements, rendered necessary by the increasing wants of society in the development of civilization and the progress of 275. railroad laid down on certain 1 Piscataqua Bridge Co. C. New streets may be taken. Metropoli-Hampshire Bridge, 7 N. H. 85. tan Ry. Co. v. Chicago West Div. 2 Salem & Hamburg Turnpike Ry. Co., 87 Ills. 317. Co. v. Lyme, 18 Conn. 451. New Orleans etc. R. R. Co. v. 8 Phil a. & Gray's Ferry Passen-Southern & Atlantic Tel. Co., 58 ger Ry. Co.'s Appeal, 102 Pa. 8. Ala. 211; Western Union Tel. Co. 123; Street Ry. Co. r. West Side e. American Union Tel. Co., 65 Ga. Street Ry. Co., 48 Mich. 433. So a 160; Baltimore & Ohio Tel. Co. r. right of one horse railroad com-Morgan's La. & Tex. R. R. Co., 37 pauy not to have any competing La. An. 883. the arts, might be prevented by legislative grants which were wise and expedient in their time, but which the public necessities have outgrown and rendered obsolete."1, But the legislature cannot take the property of A, such as a toll-bridge, and transfer it to B to be still used as a toll-bridge by B in the same manner as it had previously been by A.8 This would simply be taking the property of A and giving it to B, which the legislature is powerless to do. Second. The right to take property already devoted to public use must...show more

Product details

  • Paperback | 410 pages
  • 189 x 246 x 21mm | 730g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • Illustrations, black and white
  • 1236661850
  • 9781236661852