Commentaries on the Law of Municipal Corporations, Volume 3

Front Cover
Little, Brown,, 1911 - Corporation law - 3802 pages
 

Contents

CHAPTER XXII
1600
Constitutional Amendments ordaining Liability for Property damaged
1606
Same Subject Meaning of the Word taken
1608
Same Subject Scope and Purpose of the Amendment
1610
Power as applicable to Private Corporations
1611
Extension of Streets across Railroads
1613
Same Subject Measure of Compensation
1614
Lands of Municipality devoted to Public Use
1618
1023 1024 What may be taken or condemned 16191621
1619
Same Subject Quantity Estate
1622
Quantity or Amount of Property taken
1624
Condemnation of Lands beyond Municipal Limits
1626
Mapping or Platting Streets and other Improvements
1627
Effect of accepting Damages
1631
Public Use Individual Contributions to Expense
1632
Public Use Water Supply c
1633
Same Subject Public Parks
1635
Same Subject Ornamental Purposes
1638
Legislative and Judicial Domain distinguished
1640
1037 1038 Municipal Exercise of Power
1643
Construction of Power
1644
Power must be strictly pursued
1646
Conditions Precedent
1647
Notice
1648
1043 Procedure
1650
Discontinuance of Proceedings
1651
Remedy of Landowner
1653
When Municipality concluded
1654
Revisory Proceedings Certiorari
1655
10481050 Compensation to Owner Remedies 16571659
1657
When Payment to be made
1661
Apportionment of Damages among Lots benefited
1665
Same Subject Benefits
1666
Tribunal or Body to assess Damages
1667
Measure of Value or Damages
1669
Commissioners to ascertain Damages Constitutional Provi sions construed
1671
Amount of Damages
1672
Elements of Compensation for Lands taken
1674
1061 1062 Rules to measure Damages General and Special Benefits 16761679
1676
CHAPTER XXIII
1685
Statutory Dedication
1686
Statutory Dedication Character of Estate vested in Munici pality
1691
CommonLaw Dedication Rationale and Requisites
1693
Same Subject General Features
1694
Dedications subject to Condition or Reservation
1696
CommonLaw Dedication Estate or Interest of Public
1698
Alluvium and Accretions
1700
Dedication must be made by the Owner
1702
Intention Essential 17051
1705
Intent to Dedicate Presumed from User for Prescriptive Period
1709
User as affecting Question of Intent
1712
Same Subject Widening Street
1715
Extent of Interest acquired by Purchaser under Sale according to Plat
1718
Plat as Evidence of Intention
1721
Acceptance by Public Necessary
1723
Acceptance by Municipal Authorities
1727
Partial Acceptance of Dedication
1732
Time of Acceptance
1735
Dedication by Platting and Sale Necessity of Acceptance by Public
1737
Revocation of Dedication
1741
Acceptance Revocation
1745
Parks and Public Squares
1746
Park Uses
1748
Uses of Public Squares
1750
Enclosure and Ornamentation of Public Squares
1754
Use of Public Square by County
1755
Use of Dedicated Land for Wharves
1756
Alienation of Dedicated Lands Change of Use
1758
Same Subject Legislative Authority
1759
Same Subject
1760
Civil Law Doctrine Alienation in Louisiana
1761
1106 Reverter Misusér Remedy
1762
Concluding Observations
1764
CHAPTER XXIV
1765
11201194 STREETS Pages 17651903
1766
Public Nature of Streets and Extent of Legislative Control
1769
True Nature of a Public Street Respective Rights of the Abutter and of the Public
1771
Same Subject Result of the New York Cases stated
1773
Abutters Easements Effect of Later New York Decisions
1775
Nature of the Abutters Rights in the Streets
1777
Abutters Easements How far protected by Fourteenth Amend ment of Federal Constitution
1779
Legislative Power over Streets
1781
Delegation of Power to Municipality
1783
Obstruction Remedy of Public by Indictment and in Equity
1784
Obstructions Liability of Author of Obstruction Remedy
1786
Jurisdiction in Equity at Instance of Abutters
1789
Obstruction Remedy of Corporation Ejectment
1792
1134 1135 Remedy of Abutter 17941796
1794
Effect of Fee being in the Abutter or the Municipality
1796
Ejectment Effect of Judgment or Decree against Municipal Corporation
1797
1138 1139 Control of Highways within Municipal Limits 17981801
1798
1140 1141 Same Subject General Law and Special Charter Provi sions construed 1802
1802
Power to establish and open Streets
1803
Appropriation to Street Uses of Lands Subject to Private Ease ments
1804
Power to Improve and Pave Streets
1807
Power to improve and graduate
1810
Power to pave Streets Pavement defined
1812
Power to compel Building of Sidewalks
1813
Construction of Drains and Sewers
1814
Right of City to use or dispose of Soil
1816
Parkways Bicycle Paths
1819
Liability for Change of Grade
1820
Right of Lateral Support
1824
Nature and Extent of Public Rights in City Streets
1826
Right of City to construct Cisterns in Streets for Public Uses
1829
Bridges Duty of Repair Municipal Control
1831
Municipal Power to construct Free Bridges over Streams
1833
Bridge Approaches and Elevated Viaducts
1834
Vacation of Streets
1835
Extent of Power over Street Uses
1846
Ordinances on the Subject
1848
1172 1173 Same Subject
1864
Erection of Public Buildings in Street
1866
Obstructions Fruit Candy and Market Stands
1869
1178 1179 Openings in Sidewalks Vaults under Sidewalks and Streets 1870
1870
Areas Cellarways and Vaults
1872
Stepping Stones Hitching Posts Shade Trees c
1875
Porches Baywindows Cornices and Ornamental Projections
1876
Abutters Rights in Respect of Doors Shutters Iron Gratings c Usage
1881
Abutters Rights Porches and Baywindows in or over Streets
1882
Same Subject Massachusetts Cases
1885
Statutes of Limitation Estoppel Illinois Doctrine
1892
Same Subject The Authors Views and Suggestions as to
1900
Fee in Abutter
1907
Gas Pipes and Electric Lighting Appliances in Public Streets
1915
Telegraph and Telephone Poles in Streets and Highways
1922
Same Subject Right of Abutter to Compensation Additional
1928
Same Subject New York Arcade Railway Cases
1939
Municipal Consent By what Body given
1945
Consent of Municipality Power to attach Conditions
1952
Time of Completion Forfeiture and Damages for Breach
1958
Authority to occupy and use Streets How conferred and con
1970
Legislative Sanction necessary to authorize Railways in Streets
1977
Contract Rights which cannot be impaired
1984
Exercise of Conflicting Franchises
1986
Unauthorized Use of Street for Railroads and other Utilities Remedies
1989
The Doctrine of Abutters Easements
1993
Liability of City for Damages sustained by Abutter
1998
Legislative Authority protects from Public Prosecution but not from Liability to Abutter where his Property Rights are invaded
1999
Use for Horse Railway not an Additional Servitude
2000
Street Railways operated by Mechanical Power
2004
Railroads Where the Fee is in the Public
2009
Railroads Where the Fee is in the Abutter
2010
Steam Railroad an Additional Burden
2011
Rule in Illinois
2016
Rule in Missouri
2020
Rule in New York
2023
Rule in Pennsylvania
2025
Rule in Texas
2028
Interurban Street Railways
2029
1259 1260 Elevated Railways in Streets New York Legislation and its Construction Correlative Rights of the Abutting Owner and of the Public Scope...
2033
Same Subject Nature and Extent of Abutters Rights
2034
Elevated Railroad Cases Development of the Law
2038
Measure of Damages Benefits
2042
Right to Injunction
2045
Duration of Franchise Rights in Perpetuity
2050
Duration of Franchise Right Limited by Life of Public Ease ment
2054
Duration of Franchise Term Limited by Life of Municipality
2055
Duration of Franchise Term Limited by Corporate Life of Grantee
2058
Police Power as affecting Franchise Rights
2060
Police Power Reasonable Regulations
2063
Franchise subject to Paramount Municipal Duty to maintain and improve Streets
2065
Municipal Control Police Authority Rate of Speed of Railway Trains Obstructions
2066
Police Power Permits to open Streets
2068
Police Power Removal of Overhead Wires
2069
Rental Charges Charges for Inspection and Supervision
2072
Railroads Obligation to restore Street Paving and Repaving
2076
12771280 Conclusions as to Railways in Streets summed up 20832084
2083
Concluding Observations
2085
CHAPTER XXVI
2088
Construction Operation and Regulation of Public Utilities
2089
Municipal Trading
2090
Municipal Trading Constitutional Questions
2094
Municipal Ownership Public and City Purposes defined
2100
Same Construction and Ownership of Railways
2102
Power of State to prevent Extraterritorial Interference with Waters and Water Supply
2104
Power to provide Water and Light
2107
Public Nature of the Service
2115
Power of Municipality to furnish Water and Light for Use of Inhabitants
2118
Power of City to supply Water to other Cities and beyond its Limits
2121
Power to apply Surplus to Private Purposes
2124
Property acquired by Municipality is held in Trust for Public Purposes
2128
Power to contract for Public Service of Water and Light
2130
Capacity in which Municipality acts in furnishing or contracting for Water or Light
2133
Grants of Franchises to Corporations and Individuals
2136
Sale of Franchises to Highest Bidder
2146
Constitutional Prohibition against impairing the Obligation of Contracts
2148
Term of Contract
2151
Exclusive Franchises and Contract Rights
2157
Exclusive Franchises and Contract Rights Rule in Pennsylvania
2168
Agreements by Municipality to satisfy or pay Taxes
2173
Breach of Conditions by Company Forfeiture Specific Per formance
2176
Purchase of Works of Company by Municipality
2183
Acquisition by Municipality of Works of Public Service Corpora tion under Power of Eminent Domain
2195
Compensation Elements Measure of Damages
2196
Rights of Municipality and Grantee at Expiration of Franchise
2199
Contamination of Water Supply
2201
Consumers Duty of Municipality or Corporation to furnish Supply
2204
Consumers Reasonableness of Rates
2211
Consumers Rules and Regulations
2213
Consumers Meters
2215
Consumers Failure to pay for Service
2218
Consumers Clandestine Abstraction of Water
2222
Water Rates Lien
2223
Legislative Regulation of Rates
2225
Delegation to Municipalities of Power to regulate Rates
2230
Stipulations as to Rates in Ordinances and Contracts
2236
The Province of the Courts as to Rates
2246
Same Subject Remedies General and Federal Jurisdiction in Rate Regulation Cases
2256
Power of Judiciary to fix or prescribe Rates
2259
What are Reasonable Rates? General Considerations
2265
What are Reasonable Rates? Elements of Value Property and Franchises
2268
What are Reasonable Rates? Cost of Construction
2274
What are Reasonable Rates? Cost of Reproduction of Works
2277
What are Reasonable Rates? Risks and Incidents of Business Other Sources of Supply
2278
What are Reasonable Rates? Elements of Value of Property Capitalization and Bonded Indebtedness
2281
What are Reasonable Rates? Cost of Operation Maintenance
2284
Liability of Municipality for Water and Light furnished Implied
2292
Ultra Vires Executed and Executory Provisions
2299
Diversion of Subsurface Waters by Municipal Water Works
2307
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Popular passages

Page 2090 - ... a State, which dwarfs its men, in order that they may be more docile instruments in its hands even for beneficial purposes, will find that with small men no great thing can really be accomplished...
Page 1931 - The Legislature shall pass general laws providing for the cases enumerated in this section, and for all other cases which in its judgment may be provided for by general laws.
Page 2024 - Municipal and other corporations and individuals invested with the privilege of taking private property for public use shall make just compensation for property taken, injured, or destroyed by the construction or enlargement of their works, highways, or improvements, which compensation shall be paid or secured before sucn taking, injury, or destruction.
Page 1934 - No law shall be passed by the General Assembly granting the right to construct and operate a street railroad within any city, town or incorporated village, without requiring the consent of the local authorities having the control of the street or highway proposed to be occupied by such street railroad.
Page 1934 - No law shall be passed by the Legislature granting the right to construct and operate a street railroad within any city, town, or village, or upon any public highway, without first acquiring the consent of the local authorities having control of the street or highway proposed to be occupied by such street railroad.
Page 1961 - But no law shall ^ -authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of one-half in value of the property bounded on, and the consent also of the local authorities having the control of, that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained...
Page 1931 - Creating, increasing or decreasing fees, percentage or allowances of public officers, during the term for which said officers are elected or appointed. Granting to any corporation, association or individual the right to lay down railroad tracks. Granting to any private corporation, association or individual any exclusive privilege, immunity or franchise whatever.
Page 2136 - In any city where there are no public works owned and controlled by the municipality for supplying the same with water or artificial light...
Page 2106 - But it is recognized that the State as quasi-sovereign and representative of the interests of the public has a standing in court to protect the atmosphere, the water and the forests within its territory, irrespective of the assent or dissent of the private owners of the land most immediately concerned...
Page 1865 - But the statutory sanction which will justify an injury to private property must be express, or must be given by clear and unquestionable implication from the powers expressly conferred, so that it can fairly be said that the legislature contemplated the doing of the very act which occasioned the injury.

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