 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
 | Chrisenberry Lee Bates - Circuit courts - 1908 - 644 pages
...responsible for consequential damages, if they act within their jurisdiction, and with care and skill. And acts done in the proper exercise of governmental powers, and not directly en80 Kaukauna Water Power Co. 88 Scranton v. Wheeler, 179 U. v. Green Bay & Miss. Canal Co., S. 141,... | |
 | Law reports, digests, etc - 1909 - 1316 pages
...agents for improving highways, which the sta^e is compelled to employ." In the same case the court said: "Acts done in the proper exercise of governmental...encroaching upon private property, though their consequences might impair its use, are universally held not to be a taking within the meaning of the constitutional... | |
 | David Kemper Watson - Constitutional history - 1910 - 1074 pages
...that the fact that the value of his estate is impaired thereby, gives him no right to compensation. Acts done in the proper exercise of governmental powers,...held not to be a taking within the meaning of the amendment. us 206 US, 38G. U9102 US. 217, 224. 225. What is a public use?—So eminent a constitutional... | |
 | Law reports, digests, etc - 1910 - 1180 pages
...being to all the rights of the state. It is exercising a public function within the law of the state. "Acts done in the proper exercise of governmental...consequences may Impair Its use, are universally held not be a 'taking' within the meaning of the constitutional provision providing for compensation." United... | |
 | John Forrest Dillon - Corporation law - 1911 - 782 pages
...that private property shall not be taken for public use without just compensation being made. But acte done in the proper exercise of governmental powers,...such property to compensation from the State or its agentSj or give him any right of action. This is supported by an immense weight of authority. Cooley... | |
 | George Feairheller Deiser - Electrical engineering - 1911 - 170 pages
...have been interfered with. The doctrine in this particular case agrees with the English viewpoint. Acts done in the proper exercise of governmental powers,...and not directly encroaching upon private property, although their consequence may impair its use, are not a taking within the meaning of the Constitutional... | |
 | United States. Congress. House. Committee on the Judiciary - Levees - 1912 - 76 pages
...22 of the court's opinion in this Jackson case it is stated: "The Supreme Court has said that 'the acts done in the proper exercise of governmental powers, and not directly encroaching upon privat« property, though their consequences may impair its use, are universally held not to be a taking... | |
 | William Mark McKinney, Burdett Alberto Rich - Law - 1915 - 1240 pages
...individual, he is deemed to have compensation in participating in the general advantage.* Likewise, acts done in the proper exercise of governmental powers,...upon private property, though their consequences may, in a measure, impair its use, do not constitute a "taking" in a constitutional sense.8 All such prohibitions... | |
 | Iowa. Supreme Court - Law reports, digests, etc - 1916 - 874 pages
...in- support of this view (Transportation Co. v. Chicago, 99 US 635), in which the court said: "But acts done in the proper exercise of governmental powers,...may impair its use, are universally held not to be a takiug within the meaning of the constitutional provision. They do not entitle the owner of such property... | |
 | Appellate courts - 1918 - 742 pages
...Congress." In Transportation Co. v. Chicago, 99 US 635, 642, 25 L,. Ed. 336, the court said : "But acts done In the proper exercise of governmental powers,...constitutional provision. They do not entitle the ownar of such property to compensation from the state or Its agents, or give him any right of action... | |
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