| Michigan. Legislature - 1845 - 280 페이지
...by the taking of private property, it rests with the legislature to say whether the public benefit will be of sufficient importance to render it expedient...interference with the private rights of individuals." This is the language ofChancellar Watworth in the case of Beekman vs. the Saratoga and Schenecteday... | |
| New York (State). Attorney General's Office - 1845 - 20 페이지
...way promoted by the transfer. " But," he says, " if the public interest can be in any way promoted by the taking of private property, it must rest in...wisdom of the Legislature to determine whether the be~ nefit to the public will be of sufficient importance to render it ex* pedient for them to exercise... | |
| E. Fitch Smith - 1848 - 1040 페이지
...Schenectady Rail Road Company, where he says : ' If the public interest can be in any way promoted by the taking of private property, it must rest in...be of sufficient importance to render it expedient to exercise the right of eminent domain, and to authorize an interference with the private rights of... | |
| E. Fitch Smith - 1848 - 1004 페이지
...determine whether the benefit to the public will be of sufficient importance to render it expedient to exercise the right of eminent domain, and to authorize...interference with the private rights of individuals.' This position, it will be seen, disregards the distinction between a public use and a public interest... | |
| Joseph Kinnicut Angell - 1854 - 732 페이지
...the public interest can in any way be promoted by taking private property, it in a great degree rests in the wisdom of the legislature to determine whether...eminent domain, and to authorize an interference with private rights for that purpose. As it has been said by a distinguished jurist,1 it has been upon this... | |
| John Willard - 1861 - 718 페이지
...But if the public interest will be in any way promoted by the taking of private property, it rests in the wisdom of the legislature to determine whether...for them to exercise the right of eminent domain. (Beckman v. Saratoga and Sch. Rail Road Co. 3 Paige, 73.) No just sovereign would take the property... | |
| Illinois. Supreme Court - 1868 - 730 페이지
...RR Co., 3 Paige, 63. It rests in the wisdom of the legislature to determine whether the benefit of the public will be of sufficient importance to render...them to exercise the right of eminent domain ; and when the legislature determines the question, the courts have no power to review the legislative action,... | |
| New Jersey. Court of Chancery - 1868 - 636 페이지
...if the public interest," such are the words of this enlightened jurist, " can be in any way promoted by the taking of private property, it must rest in...the private rights of individuals for that purpose. It is upon this principle that the legislatures of several of the states have authorized the condemnation... | |
| Thomas McIntyre Cooley - 1868 - 776 페이지
...to what is a public use. It has been said that " if the public interest can be in any way promoted by the taking of private property, it must rest in...interference with the private rights of individuals for that purpose.1 It is upon this principle that the legislatures of several of the States have authorized... | |
| 1869 - 954 페이지
...that "if the public Interest can be in any way promoted by ihe-taking of private' property, It must be in the wisdom of the legislature to determine whether...the private rights of individuals for that purpose." 2 Kent, Comm.840. So it is said by SHAW. C. ./., in Нагеп v. Essex Co., 12 Cush. 475: "In general,... | |
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