 | United States. Court of Claims - 1947 - 806 страници
...agents, if there be any, must be that, and that only, which the legislature shall give * * * But acts done in the proper exercise of governmental powers,...impair its use, are universally held not to be a taking Opinion of the Court within the meaning of the constitutional provision. They do not entitle the owner... | |
 | 1885 - 550 страници
...but the Legislature has no power to cause such damage to the owners of laud in other States. "Acts done in the proper exercise of governmental powers,...This is supported by an immense weight of authority. * * * We have examined the decisious of the courts of 111! nois, and others to which we have been referred... | |
 | 1888 - 564 страници
...consequences may impair their use, are universally held not to bo a taking within the meaning of the provision. They do not entitle the owner of such property...compensation from the State or its agents, or give him a right of action. This is supported by an immense weight of anthority. Those who are anxious to see... | |
 | 1920 - 496 страници
...bona fide. — Messenger v. Messenger, Iowa, 176 NW 260. 39. Eminent Domain — Encroachment. — Acts done In the proper exercise of governmental powers,...property, though their consequences may impair its use, do not constitute a taking of the property. — Hlggins v. Board of Supervisors of Dickinson County,... | |
 | United States. Supreme Court - 1879 - 856 страници
...private property shall not be taken for public use without just compensation being made. But acts done iu the proper exercise of governmental powers, and not...This is supported by an immense weight of authority. Those who are curious to see the decisions will find them collected in Cooley on Constitutional Limitations,... | |
 | Isaac Grant Thompson - 1879 - 886 страници
...that private property shall not be taken for public use without just compensation being mode. But acts done in the proper exercise of governmental powers,...directly encroaching upon private property, though their conseFellowes v. City of New Haven. quences may impair its use, are universally held not to be a taking... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1882 - 736 страници
...sense, taken for public use. In Transportation Co. v. Chicago, 99 USR 635, Judge Strong said that " acts done in the proper exercise of governmental powers...This is supported by an immense weight of authority." In O'Conner v. Pittsburgh, 18 Penn. St. 187, it was held after two arguments of the case and much consideration... | |
 | 1901 - 958 страници
...certain municipal acts looking to the improvement of a public highway. But this court said that "acts Z.S P ]ڊ Tg % It was observed in the same case that the extremest qualification of the doctrine was that found in... | |
 | 1899 - 962 страници
...decided "that acts done In the proper exercise of governmental power, and not directly encroaching on private property, though their consequences may impair...within the meaning of the constitutional provision." Bemoving any apparent antagonism of this proposition to Pumpelly v. Green Bay Co., 13 Wall. 166, and... | |
 | 1888 - 1450 страници
...Co. v. Chicago, 99 US 642, was an extreme qualification of the doctrine, universally held, that "acts done in the proper exercise of governmental powers,...directly encroaching upon private property, though these consequences may impair its use," do not constitute a taking within the meaning of the constitutional... | |
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But acts done in the proper exercise of governmental powers, and not directly encroaching upon private property, though their consequences may impair its use, are universally held not to be a taking within the meaning of the constitutional provision. 
