 | Robert Britt Horwitz - Business & Economics - 1989 - 430 pages
...law principles embodied in the earlier period of chartered internal improvements.50 Munn stated . . . that when private property is "affected with a public interest, it ceases to be juris privati only.". . . Property does become clothed with a public interest when used in a manner to make it of public... | |
 | Eirik Grundtvig Furubotn, Rudolf Richter - Business & Economics - 1991 - 394 pages
...without due process of law". However, in 1877 the Supreme Court declared in Munn vs. Illinois (94 US 113) that when private property "is affected with a public interest, it ceases to be iuris privati only." In a constitutional perspective, Munn vs. Illinois marks the beginning of the... | |
 | David P. Currie - Law - 1992 - 518 pages
...explaining that the businessmen in Munn had not been "deprive[d]" of property at all. At common law, when private property is "affected with a public interest, it ceases to be juris privati only." . . . When, therefore, one devotes his property to a use in which the public has an interest, he, in... | |
 | Howard Gillman - Law - 1993 - 336 pages
...standard that distinguished legitimate from illegitimate regulations was found in the common-law doctrine that "when private property is 'affected with a public interest, it ceases to be juris privati only'"; this occurs when property is "used in a manner to make it of public consequence, and affect the community... | |
 | Tony Prosser - Business & Economics - 1997 - 344 pages
...perform the duty attached to it on reasonable terms. 69 Similarly, Le Blanc J considered that 'where private property is affected with a public interest, it ceases to be juris privati only; and in cases of its dedication to such a purpose as this, the owners cannot take arbitrary and excessive dues,... | |
 | Henry Julian Abraham - History - 1999 - 424 pages
...to regulate those categories of business "affected with a public interest." He went on to point out that "when private property is affected with a public interest it ceases to be juris privo-ti only ,"" and he concluded with the often repeated admonition that for "protection against... | |
 | Barbara H. Fried - Law - 2009 - 350 pages
...Looking, then, to the common law, from whence came the right which the Constitution protects, we find that when private property is "affected with a public interest, it ceases to be juris privati only." This was said by Lord Chief Justice Hale more than two hundred years ago, in his treatise De Portibus... | |
 | Ragnhildur Helgadóttir - Religion - 2006 - 297 pages
...opinion in Munn v. Illinois, where the court described the police powers and developed Lord Male's view that "when private property is 'affected with a public...interest, it ceases to be juris privati only'", and followed up on cases concerning businesses affected with a public interest through Nebbia. 469 Schjelderup... | |
 | William R. Childs - Business and politics - 2005 - 350 pages
...property. Both the common law and the US constitution, Waite maintained, had sustained the proposition "that when private property is 'affected with a public interest, it ceases to be juris privati only.'" This proposition, stated more than two hundred years before, "has been accepted without objection as... | |
 | Scott J. Hammond, Kevin R. Hardwick, Howard Leslie Lubert - History - 2007 - 988 pages
...of individual citizens. After quoting a remark attributed to Lord Chief Justice Hale, to the effect e relevant I should whole-heartedly associate myself with the general libertarian views in the Cour the court says: Property does become clothed with a public interest when used in a manner to make it... | |
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Constitution protects, we find that when private property is 'affected with a public interest, it ceases to be juris privati only. 
