Handbook of American Constitutional Law
Handbook of American Constitutional Law
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In our eReader you can find the full English version of the book. Read Handbook of American Constitutional Law Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Handbook of American Constitutional Law
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As the power is^ founded on necessity, so the measure of the public right, in any given case, must be determined by the actual requirements of the public use to which the property is to be put. For example, if a public building or a park is to be located on a tract of land more than sufftcient iu extent, no more of the land should be condemned and taken than is reasonably sufficient for the purpose. So also a railroad company should not be authorized to condemn more land than is needed for its ...right of way and works. It is true the owner may consent to the appropriation, and thus preclude himself from raising the question of the necessary extent of the appropriation.
But unless he so consents, the mere fact of providing compensation will not justify an appropriation in excess of what is necessary.
On the same principle, while the legislature may undoubtedly au- thorize the taking of the fee in land, if it shall judge it to be neces- sary, yet this is not to be done if a less interest in the public, such as a mere easement, would suffice.
What to read after Handbook of American Constitutional Law?
You can find similar books in the "Read Also" column, or choose other free books by Black, Henry Campbell, 1860-1927 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
As the power is^ founded on necessity, so the measure of the public right, in any given case, must be determined by the actual requirements of the public use to which the property is to be put. For example, if a public building or a park is to be located on a tract of land more than sufftcient iu extent, no more of the land should be condemned and taken than is reasonably sufficient for the purpose. So also a railroad company should not be authorized to condemn more land than is needed for its ...right of way and works. It is true the owner may consent to the appropriation, and thus preclude himself from raising the question of the necessary extent of the appropriation.
But unless he so consents, the mere fact of providing compensation will not justify an appropriation in excess of what is necessary.
On the same principle, while the legislature may undoubtedly au- thorize the taking of the fee in land, if it shall judge it to be neces- sary, yet this is not to be done if a less interest in the public, such as a mere easement, would suffice.
What to read after Handbook of American Constitutional Law?
You can find similar books in the "Read Also" column, or choose other free books by Black, Henry Campbell, 1860-1927 to read onlineMoreLess
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