...so-called taking here seems to be such only as was characterized by Mr. Justice Strong as resulting from "acts done in the proper exercise of governmental...property, though their consequences. may impair its use." He said in the case of Transportation Co. v. Chicago, 99 US 635, 641. 642: "Acts done in the proper...

...such. 5. EMINENT DOMAIN <©=>2 (1)— GOVERNMENTAL ACTS CONSEQUENTIALLY DAMAGING PROPERTY NOT A TAKING. Acts done in the proper exercise of governmental powers,...property, though their consequences may impair its use, do not constitute a taking of the property. Appeal from District Court, Dickinson County; DF Coyle,...

...work. In holding the city not liable for the injury thus inflicted. Mr. Justice Strong said: " * * acts done in the proper exercise of governmental powers,...within the meaning of the constitutional provision. Th«y do not entitle the owner of such property to compensation from the State or its agents, or give...

...fact that the value of his estate is impaired thereby gives him no right to C'ompeusation. Acts ilone in the proper exercise of governmental powers and...held not to be a taking within the meaning of the amendment. The principles of American democracy require that all citizens, irrespective ni' age or...

...taking within the meaning of the constitutional provision. They are squarely within the principle : "Acts done In the proper exercise of governmental...consequences may Impair its use, are universally held not to he a taking within the meaning of the constitutional provision. They do not entitle the owner of such...

...thereon," or even that the value of his estate is impaired thereby, gives him no right to compensation. Acts done in the proper exercise of governmental powers,...within the meaning of the constitutional provision for compensation. Northern Transp. Co. v. City of Chicago, 99 US 635, 642, 25 L. Ed. 336; Gibson v....

...of certain municipal acts looking to the improvement of a public highway. But this court said that "acts done in the proper exercise of governmental...the owner of such property to compensation from the stnte or its agents, or give him any right of action. This is supported by an immense weight of authority."...

...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 Bay & U. Canal Co. 13 Wall....

...danmum nbs;ur injiirin. The court said, again speaking through Mr. Justice Strong: "But acts rinne in the proper exercise of governmental powers, and...their consequences may impair its use, are universally heU not to be a taking within the meaning of the constitutional provision. They do not entitle the...

...State, that private propertv 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 thus was affirmed in Chicago v. -Taylor, 125 US 161, 8 Sup. Ct. Rep. 820. The constitutional right...