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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 8
by Michigan - 1850
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Practice Reports in the Supreme Court and Court of Appeals, Volume 41

Nathan Howard (Jr.), New York (State). Supreme Court - Civil procedure - 1871
...for public nse, the rrmpemtalim therefor, when 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 l> prescribed by law. (Hoehrtttr H'ntorWortt Co. agt. Wood, ate, 53.) . The provision in the...
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Manual for the Use of the Legislature of the State of New York for the Year ...

New York (State) - 1871
...when sucli compensation is not made by the state, shall be ascertained by a jury, or by not less thau three commissioners appointed by a court of record, as shall be prescribed by law. I'rival* 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 Tried and Determined at Nisi Prius, in the ..., Volume 2

Charles Richards Brown - Law reports, digests, etc - 1871
...with the requirements and provisions of the Constitution ? Sec. '2, of Art. 18, requires that " the necessity for using such property, and the just compensation to be made therefor, shall be ascertained by a jury of twelve freeholders, residing in the vicinity of the property, or...
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Public and Local Acts of the Legislature of the State of Michigan, Volume 1

Michigan - Detroit (Mich.) - 1872
...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...commissioners, appointed by a court of record, as shall be prescribe^ by law; "Provided, The foregoing provision shall in 110 case be construed to apply to the...
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JOURNAL OF THE CONSITUTIONAL OF MICHIGAN.

HENRY S. CLUBB - 1873
...benefit of the Art. 17, sec. public, the necessity for using such property and the just compensation 5 to be made therefor, except when to be made by the...a court of record, as shall be prescribed by law: Provided, The foregoing provision shall in no case be construed to apply to the action of commissioners...
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The Law of Municipal Corporations, Volume 2

John Forrest Dillon - Corporation law - 1873 - 988 pages
...the constitution of New York it is provided that the compensation "shall be ascertained by a ;ury, or by not less than three commissioners appointed by a court of record." This language in respect to commissioners was considered by the Court of Appeals to imply that the...
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The Albany Law Journal: A Weekly Record of the Law and the Lawyers, Volume 6

Law - 1873
...authorizes property to be taken for public use, and the compensation therefor to be ascertained by a jury, or by not less than three commissioners, appointed by a court of record. Constitution, art. 1, 7. These conditions appear to have been observed. It ie not the province of...
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Cases Argued and Adjudged in the Supreme Court of the United States, Volume 19

United States. Supreme Court - Law reports, digests, etc - 1874
...credit. " ARTICLE XVIII, 2. 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. ' " 14. The property -of no person shall be taken for public use without just compensation therefor....
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Reports of Cases Argued and Determined in the Superior Court of ..., Volume 37

New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - Law reports, digests, etc - 1874
...the compensation is not made directly by the state, such compensation .shall be ascertained by a jury or by NOT LESS THAN THREE commissioners appointed...by a court of record, as shall be prescribed by law (Art. I. 7). The last named section then goes on to provide, in addition, that private roads may...
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A Treatise on the Rules which Govern the Interpretation and Construction of ...

Theodore Sedgwick - Constitutional law - 1874 - 692 pages
...New York declares that when private property is taken the compensation shall be ascertained by a jury or by not less than three commissioners appointed by a court of record, f This provision is not satisfied by a city charter which authorizes the common council to appoint...
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