Report of the Attorney-general in Answer to a Resolution of the Assembly, in Relation to the New-York and Erie Railroad Company ... April 7, 18451845 - 16페이지 |
자주 나오는 단어 및 구문
12th section 18 Wendell 7th article altered the corporation appropriate the public Assembly assent of two-thirds Attorney-General authorize the taking benefit Bloodgood branch called The New-York Chancellor Chenango city of New-York connect their road consent constitutional power constitutionality continuous line discretion eminent domain Erie Railroad Company exercise the right granted House Hudson river joint resolutions judgment Lake Erie land laws legislative power Legislature to take lien March 18 members elected Morrison natural rights New-York and Erie New-York to Lake object omnipotence of Parliament opinion pany Pennsylvania perty politic or corporate precedent private corporation private purposes proposed provisions public improve public interest public moneys purchase and payment refuse his sanction require a vote right of eminent river to Lake roads leading route southern tier Supreme Court take the property taking of private taking private property three million dollars tier of counties tion undersigned correctly understands Valkenburgh vate York and Erie
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6 페이지 - The assent of two-thirds of the members elected to each branch of the Legislature shall be requisite to every bill appropriating the public moneys or property for local or private purposes.
9 페이지 - Notwithstanding the grant to individuals, the eminent domain, the highest and most exact idea of property, remains in the government, or in the aggregate body of the people in their sovereign capacity; and they have a right to resume the possession of the property, in the manner directed by the constitution and laws of the state, whenever the public interest requires it. This right of resumption may be exercised not only where the safety, but also where the interest or even the expediency of the...
7 페이지 - Constitution a provision requiring thereafter " the assent of two-thirds of the members elected to each branch of the Legislature to every bill creating any body politic or corporate.
9 페이지 - But if the public interest can be in any way promoted by the taking of private property, it must rest in the wisdom of the legislature to determine whether the benefit to the public will be of sufficient importance to render it expedient for them to exercise the right of eminent domain, and to authorize an interference with the private rights of individuals for that purpose (2 Kent's Com.
13 페이지 - But a bank, whose stock is owned by private persons, is a private corporation, although it is erected by the government and its objects and operations partake of a public nature. The same doctrine may be affirmed of insurance, canal, bridge, and turnpike companies.
10 페이지 - Legislature have the constitutional power to authorize the taking of private property for the purpose of making railroads or other public improvements of the like nature, whether such improvements be made by the State itself or through the medium of a corporation or joint stock company, on making ample provision for a just compensation for the property taken, to the owners thereof.
12 페이지 - ... that the public was to be benefited thereby, I should not hesitate to declare that such an abuse of the right of eminent domain was an infringement of the spirit of the constitution; and therefore not within the general powers delegated by the people to the legislature.
13 페이지 - ... strictly speaking, public corporations are such only as are founded by the government for public purposes, where the whole interests belong also to the government.
12 페이지 - But in n state which is governed by a written constitution like ours, if the legislature should so far forget its duty and the natural rights of an individual, as to take his private property and transfer it to another, where there was no foundation for a...
4 페이지 - It shall be lawful for the said corporation to unite with any other rail-road company already incorporated upon the route of said road through said southern tier of counties...