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" Legislature to determine when public uses require the assumption of private property; but if they should take it for a purpose not of a public nature, as if the Legislature should take the property of A. and give it to B., or if they should vacate a grant... "
Reports of Cases Decided in the Court of Chancery of the State of New Jersey - Page 697
by N. Saxton, New Jersey. Court of Chancery - 1836 - 730 pages
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Commentaries on American Law, Volume 2

James Kent - 1826-1830 - 1827 - 544 pages
...should lake it for a purpose not of a public nature, us if the legislature should take the properly of A., and give it to B., the law would be unconstitutional and void. Real property, and the rights and privileges of private corporate bodies, are all held by grant or...
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Phrenological Journal and Magazine of Moral Science, Volume 15

1842 - 426 pages
...assumption of private property ; but if they should take it for a purpose not of a public nature, as if the Legislature should take the property of A. and give it to B., or if they should vacate a grant of property, or of a franchise, under the pretext of some public use...
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Essays on Human Rights and Their Political Guaranties, Issues 1-6

Elisha P. Hurlbut - Human rights - 1845 - 232 pages
...assumption of private property; but if they should take it for a purpose not of a public nature, as if the Legislature should take the property of A. and give it to B., or if they should vacate a grant of property, or of a franchise, under the pretext of some public use...
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Commentaries on Statute and Constitutional Law and Statutory and ...

E. Fitch Smith - Constitutional law - 1848 - 1004 pages
...assumption of private property; and if they should take it for a purpose not of a public nature, as if the legislature should take the property of A and...to B, the law would be unconstitutional and void,' is correct, if intended to concede to the legislature merely the power of determining what property...
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Western Miscellany, Volume 1

Benjamin Franklin Ells - American literature - 1778 - 392 pages
...wisdom of the Legislature: but if they should take it for a purpose not of public nature, as if they should take the property of A. and give it to B., the law would be unconstitutional and void. But though property be thus protected, has the lawgiver still a right to prescribe the mode and manner...
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Commentaries on American Law, Volume 2

James Kent - Law - 1848 - 1046 pages
...highway and for public uses, and the absolute property may b* vested in the company. The questions in the legislature should take the property of A., and give it to B., or if they should vacate a grant of property, or that case were ably discussed in the opinion delivered...
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Questions and Answers on Law: Alphabetically Arranged. With ..., Volume 3

Asa Kinne - Courts - 1853 - 538 pages
...tom. 3, 203. If the government should take private property for a purpose not of a public nature, as if the legislature should take the property of A and give it to B ;, or if they should vacate a grant of property under the pretext of some public use or service, such...
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Reports of the Cases Argued and Determined in the Supreme Court of Tennessee ...

Tennessee. Supreme Court, William Gordon Swan - Law reports, digests, etc - 1854 - 756 pages
...assumption of private property ; but if they should take it for a purpose not of a public nature, as if the legislature should take the property of A and give it to B, or if they should vacate a grant of property or of franchise, under the pretext of some public use...
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Commentaries on American Law, Volumes 1-4

James Kent - Law - 1858 - 966 pages
...419. Livermore v. Jamaica, 28 Vt. 861. Rexford v. Knight, 16 Barb. 627. RR v. Doughty, 2 Zabr. 496. legislature should take the property of A. and give it to B., or if they should vacate a grant of property, or of a franchise, There is no such provision in the...
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Reports of Cases Argued and Determined in the Court of Chancery ..., Volume 3

New Jersey. Court of Chancery - Equity - 1868 - 636 pages
...uses only;" and on page 340, " but if they should take it for a purpose not of a public nature, as, if the legislature should take the property of A and give it to B, or if they should vacate a grant of property or of a franchise, under the pretext of some public use...
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