But acts done in the proper exercise of governmental powers, and not directly encroaching upon private property, though their consequences may impair its use, are universally held not to be ' a taking ' within the meaning of the constitutional provision. Albany Law Journal - Page 2941885Full view - About this book
| Law reports, digests, etc - 1915 - 1116 pages
...state, that private property shall not be taken for public use without just compensation being made. But acts done in the proper exercise of governmental powers,...within the meaning of the constitutional provision.' And this was affirmed in Chicago v. Taylor, 125 US 161 [8 Sup. Ct. 820, 31 L. Ed. 638]. The constitutional... | |
| Law reports, digests, etc - 1893 - 1324 pages
...speaking through Justice STRONG, says: "But acts don» in the proper exercise uf governmental powers, anrl not directly encroaching upon private property, though...property to compensation from the state or its agents, or givp him a right of action." He also киун the extremest qualification of this doctrine Is to be... | |
| Henry William Blair - Alcohol - 1887 - 770 pages
...Co. •v. Chicago, 99 US 642, was an extreme qualification of the doctrine, universally held, that " acts done in the proper exercise of governmental powers,...directly encroaching upon private property, though these consequences may impair its use," do not constitute a taking within the meaning of the constitutional... | |
| Law reports, digests, etc - 1887 - 1002 pages
...stale, that private property shall not be taken for public use without just compensation being made. But acts done in the proper exercise of governmental powers,...directly encroaching upon private property, though theirconsequences may impair their use, are universally held not to be a taking within the meaning... | |
| Law reports, digests, etc - 1887 - 956 pages
...powers, snd not directly encroaching upon private property, though theirconsequences may impair their use, are universally held not to be a taking within the meaning of the provision. They do not entitle the owner of such property to compensation from the state or its agents,... | |
| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1888 - 838 pages
...Co. v. Chicago, 99 US 635, 642, was an extreme qualification of the doctrine, universally held, that "acts done in the proper exercise of governmental...directly encroaching upon private property, though these consequences may impair its use," do not constitute a taking within the meaning of the constitutional... | |
| 1888 - 572 pages
...Company v. Chicago, 99 US 642, was an extreme qualification of the doctrine universally held, that " acts done in the proper exercise of governmental powers...directly encroaching upon private property, though these consequences may impair its use," do not constitute a taking within the meaning of the constitutional... | |
| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1888 - 858 pages
...Co. v. Chicago, 99 US 635, 642, was an extreme qualification of the doctrine, universally held, that "acts done in the proper exercise of governmental powers, and not directly encroiiching upon private property, though these consequences may impair its use," do not constitute... | |
| John Forrest Dillon - Corporation law - 1890 - 894 pages
...State that private property shall not be taken for public use without just compensation being made. But acts done in the proper exercise of governmental powers,...the owner of such property to compensation from the Stute or its agents, or give him any right of action. This is supported by an immense weight of authority.... | |
| John Forrest Dillon - Corporation law - 1890 - 922 pages
...private property shall not be taken for public use without just compensation being made. But acts done iu the proper exercise of governmental powers, and not...impair its use, are universally held not to be 'a talcing ' within the meaning of the constitutional provision. They do not entitle the owner of such... | |
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