 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 - 1920 - 490 pages
...be bona fide. — Messenger v. Messenger, Iowa, 176 NW 260. 39. Eminent Domain — Encroachment. — 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. — Hlgglns v. Board of Supervisors of Dickinson County,... | |
 | United States. Department of State - Arbitration (International law) - 1932 - 204 pages
...not constitute such a "taking" within the language of the amendment. It has been repeatedly held that acts done in the proper exercise of governmental powers,...though their consequences may impair its use, are not a "taking" within the meaning of the constitutional provision. Transportation Co. v. Chicago, 99... | |
 | United States - Sweden - 1932 - 666 pages
...not constitute such a "taking" within the language of the amendment. It has been repeatedly held that acts done in the proper exercise of governmental powers,...though their consequences may impair its use, are not a "taking" within the meaning of the constitutional provision. Transportation Co. v. Chicago, 99... | |
 | United States. Court of Claims - Law reports, digests, etc - 1948 - 818 pages
...private property, within the meaning of the fifth amendment. * * * It has been repeatedly held that acts done in the proper exercise of governmental powers,...though their consequences may impair its use, are not a "taking" within the meaning of the constitutional provision. Transportation Co. v. Chicago, 99... | |
 | Law reports, digests, etc - 1926 - 1636 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,...directly encroaching upon private property, though their con?equences may impair its use, are universally held not to be a taking, within the meaning of the... | |
 | United States. Supreme Court - Law reports, digests, etc - 1885 - 1142 pages
...answerable for consequential damages, if they act within their jurisdiction and with care and skill. 3. Acts, done in the proper exercise of governmental...and not directly encroaching upon private property, although thuir consequences may Impair its use, do not entitle the owner of such property to compensation... | |
 | United States. Supreme Court - Law reports, digests, etc - 1920 - 1228 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 Bait £ U. Canal Co. 13 Wall.... | |
 | 1928 - 1642 pages
...use without just compensation, it is further held in the leading case of Mugler v. Kansas, supra : " '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... | |
 | Law reports, digests, etc - 1928 - 1648 pages
...use without just compensation, it is further held in the leading case of Mugler v. Kansas, supra : " '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... | |
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