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" This is an affirmance of a great doctrine established by the common law, for the protection of private property. It is founded in natural equity, and is laid down by jurists as a principle of universal law. Indeed, in a free government, almost all other... "
Annual Reports of the War Department - Page 229
by United States. War Department - 1876
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A Familiar Exposition of the Constitution of the United States: Containing a ...

Joseph Story - 1868 - 384 pages
...concluding clause is, that private properU shall not be taken for public use without just compensa tion This is an affirmance of a great doctrine established by the common law, for the protection of private properly. It is founded in natural equity, and is laid down by jurists as a principle of universal...
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The Law of Claims Against Governments, Including the Mode of Adjusting Them ...

United States. Congress. House. Committee on War Claims - Claims - 1875 - 448 pages
...Constitution, (fourth edition,) sections 1784, 1790. Story says the fifth amendment of our Constitution "is an affirmance of a great doctrine established by the common law." 2. The Senate report 412, above referred to, treats of the claim of J. Milton Best. This was for compensation...
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Reports of Committees: 30th Congress, 1st Session - 48th Congress ..., Volume 2

United States. Congress. Senate - United States - 1876 - 898 pages
...freehold or of his private property without full compensation therefor when taken for the use, gain, and profit of the public, by the order, or by the directions, or by a specific or implied contract ou the part of the Government. This is an affirmance of a great doctriue established by tbe common...
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Annual Reports of the War Department, Volume 3

United States. War Department - 1877 - 1084 pages
...freehold or of his private property without full compensation therefor when taken for the use, gain, and profit of the public, by the order, or by the directions,...affirmance of a great doctrine established by the common In it for the protection of private property. It is founded on natural equity, tnd is laid down by...
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United States Reports: ... and Rules Announced at ...

United States. Supreme Court - Law reports, digests, etc - 1897 - 798 pages
...The requirement that the property shall not be taken for public use without just compensation is but "an affirmance of a great doctrine established by...the protection of private property. It is founded in natural equity, and is laid down by jurists as a principle of universal law. Indeed, in a free government...
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The American and English Railroad Cases: A Collection of All Cases ...

Railroad law - 1897 - 840 pages
...The requirement that the property shall not be taken for public use without just compensation is but "an affirmance of a great doctrine established by...the protection of private property. It is founded in natural equity, and is laid down as a principle of universal law. Indeed, in a free government,...
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The Kahn Bill: Hearing Before the Committee on Patents, House of ...

United States. Congress. House. Committee on Patents - Copyright - 1913 - 330 pages
...private property for public use without compensation, said : ' "This fthe constitutional prohibition) is an affirmance of a great doctrine established by...the protection of private property. It is founded in natural equity, and is laid down by jurists as a principle of universal law. Indeed, in :i free...
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Property Rights in the Colonial Era and Early Republic

James W. Ely - Eminent domain - 1997 - 438 pages
...1833 Joseph Story was able to maintain that the Fifth Amendment's just compensation clause represented "an afFirmance of a great doctrine established by the common law for the protectinn of private property." 3 J. STORY, COMMENTAR1SS ON THE CONST1TUT1ON OF THE UN1TED STATES....
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Property Rights: From Magna Carta to the Fourteenth Amendment

Bernard H. Siegan - Law - 356 pages
...Justice Joseph Story presented the issue in this manner: The Fifth Amendment's just compensation clause is "an affirmance of a great doctrine established by the common law for the protection of private property.""2 While state courts varied on subscribing to Gardner, at least as of 1 870 the US Supreme...
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