COMMENTARIES

ON THE LAW OF

MUNICIPAL CORPORATIONS.

BY

JOHN F. DILLON, LL.D.,

MEMBER L'INSTITUT DE DROIT INTERNATIONAL; LATE PROFESSOR OF REAL ESTATE
AND EQUITY JURISPRUDENCE IN COLUMBIA COLLEGE LAW SCHOOL;

FORMERLY CIRCUIT JUDGE OF THE UNITED STATES

FOR THE EIGHTH JUDICIAL CIRCUIT, AND

CHIEF JUSTICE OF THE SUPREME

COURT OF IOWA.

FOURTH EDITION,

THOROUGHLY REVISED AND ENLARGED.

VOL. II.

BOSTON:

LITTLE, BROWN, AND COMPANY.

1890.

CONTENTS OF VOLUME II.

CHAPTER XV.

CORPORATE PROPERTY.

History of corporate capacity to take, hold, and dispose of property. Result
stated. Grants to corporations. Statutes of mortmain. Charter the source
of power. Power to take by devise and gift; to hold in trust. Girard's will;
McDonough's will; McMicken's will; Mullanphy's will. Power to act as
charitable trustees. Effect of corporation exceeding its power to hold prop-
erty. Alienation of property. Sales on execution. Mode of alienation.
Mortgages. Leases. Conveyances and their requisites.

§§ 556-582

CHAPTER XVI.

EMINENT DOMAIN.

General nature of the power. Constitutional restrictions. Legislature may au-
thorize fee to be taken for streets and public places, but no more in amount
than necessary. Dower in streets and public places. Public use. Parks.
Ornamental purposes. Public squares. Legislative determination of public
character of use, how far conclusive. Authority delegated to municipalities.
Construction of power. Must be strictly pursued. Illustrations. Right of
municipal authorities to abandon proceedings. When right ceases. Remedy of
land-owner. Appeal. Certiorari. Injunction. Special remedies. Compensa-
tion, when to be made. Damages and benefits. Assessments upon abutters.
Tribunal to determine amount. When by jury. Amount of damages. Special
benefits and injuries. Rules to measure damages stated
§§ 583-625

CHAPTER XVII.

DEDICATION.

1. Importance of the doctrine of dedication.

2. Statutory and common-law dedications.

3.

Common-law dedication; rationale and requisites.