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" When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury or by not less than three commissioners appointed by a court of record, as shall... "
Acts of the Legislature of the State of Michigan - Page xxii
by Michigan - 1850
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Treatise Upon the Estate and Rights of the Corporation of the City ..., Volume 1

Murray Hoffman - New York (N.Y.) - 1862 - 484 pages
...be made therefor, when such compensation is not made by the State, shall be ascertained by a jury, or by not less than three Commissioners, appointed...a court of record, as shall be prescribed by law. The case of Britton vs. The Mayor of New York, decided in 1843, was referred to in the former edition,...
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Statutes at Large of the State of New York: Comprising the Revised ..., Volume 1

New York (State) - Law - 1863 - 1036 pages
...such compensation is not made by the state, shall be ascertained by a jury, or by not less than tliree commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law ; but in every case the necessity...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volume 42

Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1865 - 726 pages
...be made therefor, when such compensation is not made by the state, shall le ascertained ty a jury, or by not less than three commissioners, appointed by a court of record, as sh all be prescribed by law. The point is, that the use of the disjunctive "or," shows the intent of...
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Constitution of the State of New York: Adopted in 1846 : with a Comparative ...

New York (State) - Constitution - 1867 - 254 pages
...and tendered. Ind., 170. — When private property is taken for the use or benefit of the public, the necessity for using such property and the just compensation...a Court of Record, as shall be prescribed by law. Mich,., 314. — In cases of necessity, private ways may be granted upon just compensation being first...
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The Debates and Proceedings of the Constitutional Convention of ..., Volume 1

Michigan. Constitutional Convention - Constitutional conventions - 1867 - 728 pages
...office or public trust, Sec. 2. When private property is taken for the use or benefit of the public, the necessity for using such property, and the just compensation...property, or by not less than three commissioners, CONSTITUTION OF 1867. [See Art. XIII, Sec. 1.] [See Art. XIII, Sec. 2.] [See Art 3331, Sec. 3.] ARTICLE...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 33

Nathan Howard (Jr.) - Civil procedure - 1867 - 634 pages
...be made therefor, when such compensation ?s not made by the state, shall be ascertained by a jury, or by not less than three commissioners appointed...a court of record, as shall be prescribed by law. In the present instance, the law prescribed the manner of ascertaining the compensation to be made...
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Proceedings and Debates of the Constitutional Convention of the ..., Volume 5

New York (State). Constitutional Convention - Constitutional conventions - 1868 - 1074 pages
...be made therefor, when such compensation is not made by the State, shall be ascertained by a jury, or by not less than three commissioners, appointed...a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law, but in every case the necessity...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volume 11

Civil procedure - 1868 - 584 pages
...be made therefor, when such compensation is not made by the State, shall be ascertained by a jury, or by not less than three commissioners appointed...a court of record, as shall be prescribed by law." (Const., art. 1, § 7.) It is an old rule of the common law, that in matters of public concern, and...
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Documents of the Convention of the State of New York, 1867-'68, Volume 5

New York (State). Constitutional Convention - Constitutional conventions - 1868 - 1132 pages
...be made therefor, when such compensa tion is not made by the State, shall be ascertained by a jury, or by not less than three commissioners appointed...a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed bylaw; but in every case the necessity of...
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Transcript Appeals: The File of Opinions in Cases Argued Before ..., Volumes 1-2

New York (State). Court of Appeals, Joel Tiffany - Law reports, digests, etc - 1868 - 858 pages
...be made therefor, when such compensation is not made by the State, shall be ascertained by a jury, or by not less than three commissioners appointed...a court of record, as shall be prescribed by law. In the present instance the law precribed the manner of ascertaining the compensation to be made for...
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