 | Tennessee. Supreme Court, William Gordon Swan - Law reports, digests, etc - 1854 - 756 pages
...public object of adequate importance. The publie, therefore, is considered, in all such transactions, as an individual, treating with an individual for...legislature does, is, to oblige the owner to alienate his possession for a reasonable price ; and even this is an exertion of power which the legislature indulges... | |
 | Great Britain. Parliament - Great Britain - 1854 - 752 pages
...does interpose, and compel the individual to acquicsce. But how does it interpose and compel ? Not by absolutely stripping the subject of his property in an arbitrary manner, but by giving him a full indemnifieation and equivalent for the injury thereby sustained." — lilackstont, vol. ip 139. The... | |
 | Joseph Kinnicut Angell, Thomas Durfee - Highway law - 1857 - 484 pages
...injury thereby sustained. The public is considered as an individual, treating with an individual for exchange. All that the legislature does, is to oblige...possessions for a reasonable price ; and even this is an extension of power which the legislature indulges with caution."1 1 1 Bla. Com. 139. That a "full indemnification"... | |
 | Florida. Supreme Court - Law reports, digests, etc - 1859 - 560 pages
...American history. Hence it is said in the text books, that "the Legislature may not arbitrarily strip the subject of his property in an arbitrary manner,...equivalent for the injury thereby sustained. The public is considered as an individual treating for an exchange. All that the Legislature does is to oblige the... | |
 | William Blackstone, George Sharswood - Law - 1860 - 874 pages
...does, interpose, and compel the individual to acquiesce. But how docs it interpose and compel f Not by absolutely stripping the subject of his property...individual for an exchange. All that the legislature docs is to oblige the owner to alienate his possessions for a reasonable price ; and oven this is an... | |
 | Henry John Stephen - Law - 1863 - 812 pages
...considered in all such transactions as an individual treating with an individual, for an exchange. Ah i that the legislature does is to oblige the owner to alienate his possession for a reasonable price; and even this is an exertion of power which the legislature indulges... | |
 | New Zealand. Parliament. House of Representatives - 1869 - 1030 pages
...importance. [The public, therefore, is considered iu all such transactions as an individual treating witli an individual for an exchange. All that the Legislature does is to oblige the owner to alienate his jxwsession for a reasonable price ; and even this is an exertion of power which the Legislature indulges... | |
 | Abraham Lansing - Law reports, digests, etc - 1871 - 604 pages
...necessary, to secure the particular public object ; yet the State is considered in all such transactions as an individual treating with an individual for an...legislature does, is to oblige the owner to alienate his property for a reasonable price. The constitutional restriction upon the power of the legislature on... | |
 | India, Fendall Currie - Criminal law - 1872 - 1084 pages
...Legislature alone can, and frequently, indeed, does interpose, and compel the individual to acquiesce by giving him a full indemnification and equivalent...possessions for a reasonable price, and even this is an exercise of power which the Legislature indulges with caution, and which nothing but the Legislature... | |
 | United States. Congress. Senate - United States - 1872 - 904 pages
...occasioned by such temporary use. The general rule is laid down by Blackstone, (vide Com., vol. 1, p. 139:) "The public is now considered as an individual treating with an individual for an exchange." The rule is further illustrated in the case of the Philadelphia, Wilmington and Baltimore Itailroad... | |
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In this and similar cases the legislature alone can, and indeed frequently does, interpose, and compel the individual to acquiesce. But how does it interpose and compel ? Not by absolutely stripping the subject of his property in an arbitrary manner ;... 
