The Power of Eminent Domain; a Treatise on the Constitutional Principles Which Affect the Taking of Property for Public Use
- ISBN-10
- 1230105204
- ISBN-13
- 9781230105208
- Pages
- 200
- Language
- English
- Published
- 2013-09
- Publisher
- Rarebooksclub.com
- Author
- Philip Nichols
Description
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ...payment the owner might be remediless, it is held that such a breach of public faith is not a reasonable possibility. As a State may " Cherokee Nation v. Kansas Railway Co., 135 U. S. 641, 34 L. ed. 295: " The constitution declares that private property shall not be taken 'for public use without just compensation.' It does not provide or require that compensation shall be actually paid in advance of the occupancy of the land to be taken. But the owner is entitled to reasonable. certain and adequate provision for obtaining compensation before his occupancy is disturbed. Whether a particular provision be sufficient to secure the compensation to which, under the constitution, he is entitled is sometimes a question of difficulty." Here held that a deposit of twice the referee's award, pending appeal, was sufficient provision. Backus v. Fort St. Union Depot Co., 169 U. S. 557, 42 L. ed. 853: "There can be no doubt that if adequate provision for compensation is made, authority may be granted for taking possession pending inquiry as to the amount which must be paid, and before any final determination thereof." Petition of the United States, 96 N. Y. 227: "The fundamental doctrine, of course, is that private property cannot be taken for public purposes without just compensation, but this need not be given in all cases concurrently in point of time with the actual exercise of the right of eminent domain. It is enough if an adequate and certain remedy is provided whereby the owner of such property may compel payment of his damages. This means reasonable legal certainty." Brickett v. Haverhill Aqueduct Co., 142 Mass. 394, 8 N. E. 119: " The question whether the provision for...
