The Doctrine of Presumed Dedication of Private Property to Public Use: In Its Application of RailroadsJohn Wiley's sons, 1881 - 40페이지 |
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affects the community Bill of Rights bond-holders British Parliament carrier exercises charter common carriers common law competition contract conveyance creditors dedication of private doctrine of presumed due process eminent domain erty exclusive privilege fact Federal Constitution Fourteenth Amendment franchise full dominion grain elevators Hackney carriages Illinois impairs the obligations judicial finding land legislative discretion legislative power legislative regulation legislature liberty license limited Lord Hale means mode monopoly mortgage Munn North American Review number of persons opinion owner political prescribe presumed dedication principle private corporation private property private rights process of law prohibition prop property to public property without due public an interest public authority public compact public consequence public enemy public interest public office public regulation public right question railroad corporation railway corporation regard regulate the charges right to regulate road sense sort of public sovereign sovereignty Supreme Court tion United wharfingers
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3 페이지 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
27 페이지 - We know that this is a power which may be abused, but that is no argument against its existence. For protection against abuses by legislatures the people must resort to the polls, not to the courts.
37 페이지 - Corporations without banking powers or privileges may be formed under general laws, but shall not be created by special act, except for municipal purposes, and in cases where in the judgment of the Legislature, the objects of the corporation cannot be attained under general laws.
14 페이지 - When the people of the United Colonies separated from Great Britain, they changed the form, but not the substance of their government.
3 페이지 - When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created. He may withdraw his grant by discontinuing the use; but, so long as he maintains the use, he must submit to the control.
6 페이지 - Constitution protects, we find that when private property is 'affected with a public interest, it ceases to be juris privati only.
15 페이지 - Let me add, that a bill of rights is what the people are entitled to against every government on earth, general or particular; and what no just government should refuse, or rest on inference.
28 페이지 - Nay, take my life and all; pardon not that. You take my house, when you do take the prop That doth sustain my house ; you take my life, When you do take the means whereby I live.
14 페이지 - a part of the powers of the States and of the people of the States was granted to the United States and the people of the United States. This grant operated as a further limitation upon the powers of the States, so that now the governments of the...
20 페이지 - is in the exercise of a sort of public office, and has public duties to perform, from which he should not be permitted to exonerate himself.