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
| United States. Supreme Court - Law reports, digests, etc - 1899 - 792 pages
...decided "that acts done in the proper exercise of governmental power and not directly encroaching on private property, though their consequences may impair...within the meaning of the constitutional provision." Removing any apparent antagonism of this proposition to Pumpelly v. Green Ray Co., 13 Wall. 166, and... | |
| Law reports, digests, etc - 1900 - 1164 pages
...earlier state constitutions, and the phrase "taken or damaged," in the later ones. It is there said: "Acts done in the proper exercise of governmental...within the meaning of the constitutional provision." After the work complained of in that case had been substantially completed, the people of Illinois... | |
| John Cassan Wait - Architects - 1900 - 728 pages
...from occupying the street in such a way as to endanger passers-by in their proper use of such street.8 Acts done in the proper exercise of governmental powers...and not directly encroaching upon private property, although their consequences may impair its use, are not a taking within the meaning of the constitutional... | |
| Law reports, digests, etc - 1901 - 972 pages
...earlier state Constitutions and the phrase "taken or damaged," in the later ones. It is there said: "Acts done in the proper exercise of governmental...within the meaning of the constitutional provision." After the work complained of in that case had been substantially completed, the people of Illinois... | |
| Edward Beers Thomas - Negligence - 1904 - 1488 pages
...with due care, dispatch, and skill, it is not, at common law, answerable for consequential damages. Acts done in the proper exercise of governmental powers,...and not directly encroaching upon private property, although their consequences may impair its use, are not a taking within the meaning of the constitutional... | |
| Railroad law - 1905 - 954 pages
...Consequential Damages— Not a Taking. But in Transportation Company v. Chicago, 99 US 635, it is held that acts done in the proper exercise of governmental powers,...and not directly encroaching upon private property, although their consequences may impair its use, are not a taking within the meaning of the constitutional... | |
| Law - 1905 - 1080 pages
...use. United States v. Lynah, 23 Sup. Ct 349, 356, 188 U. S. 445, 47 L. Ed. 539. Consequential Injury. Acts done in the proper exercise of governmental powers, and not directly encroaching on private property, though their consequence may Impair Its use, are universally held not to be a... | |
| California. Supreme Court - Law reports, digests, etc - 1906 - 756 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,...private property, though their consequences may impair their use, are universally held not to be a taking within the meaning of the provision. They do not... | |
| Law reports, digests, etc - 1907 - 1274 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." In Smith v. Eau Claire, 78 Wis. 457, 47 NW 830, the damnge sought to be recovered was for an elevation... | |
| Law reports, digests, etc - 1907 - 834 pages
...was held to be damnum absjue injuria. The court eaid, again epeaking through Mr. Justice Strong: 'But acts done in the proper exercise of governmental powers,...a taking within the meaning of the constitutional и provision. They do not entitle the owner of * euch property to compensation from the • state or... | |
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