Judicial And Statutory Definitions of Words And Phrases 3
Judicial And Statutory Definitions of Words And Phrases 3
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751, T53.
EMINENT DOMAIN 2364 EMINENT DOMAIN The right of eminent domain is a high prerogative of sovereignty, which cannot be exercised without an expressed grant or one necessarily implied. To take private prop- erty for public use is in derogation of private rights. The necessity of taking private prop erty for public use must be determined by the person or tribunal designated by law for that purpose. This right of taking private property for public use existed at common law. Park Com'rs of ...Louisville ▼. Du Pont, G2 S. W. 891, 892. 110 Ky. 743.
Eminent domain is one of the highest attributes of sovereignty. By it the sover- eign power, state or federal, is enabled to take private property and appropriate it to public use. But, subject to this sovereign power, private ownership is absolute, and such absolute ownership is safeguarded by a twofold constitutional protection, viz., it can only be taken away by due process of law, and then on payment of Just compensa- tion. It is also true that the sovereign state or nation can, by virtue of its superior do- minion or eminent domain, reappropriate to an additional or secondary public use prop- erty it has once set apart to public use; for it must be apparent that the sovereign power cannot, by dedicating property to one use, preclude Itself from rededicatlng the same property to some other public use.
What to read after Judicial And Statutory Definitions of Words And Phrases 3?
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To quickly assess the difficulty of the text, read a short excerpt:
751, T53.
EMINENT DOMAIN 2364 EMINENT DOMAIN The right of eminent domain is a high prerogative of sovereignty, which cannot be exercised without an expressed grant or one necessarily implied. To take private prop- erty for public use is in derogation of private rights. The necessity of taking private prop erty for public use must be determined by the person or tribunal designated by law for that purpose. This right of taking private property for public use existed at common law. Park Com'rs of ...Louisville ▼. Du Pont, G2 S. W. 891, 892. 110 Ky. 743.
Eminent domain is one of the highest attributes of sovereignty. By it the sover- eign power, state or federal, is enabled to take private property and appropriate it to public use. But, subject to this sovereign power, private ownership is absolute, and such absolute ownership is safeguarded by a twofold constitutional protection, viz., it can only be taken away by due process of law, and then on payment of Just compensa- tion. It is also true that the sovereign state or nation can, by virtue of its superior do- minion or eminent domain, reappropriate to an additional or secondary public use prop- erty it has once set apart to public use; for it must be apparent that the sovereign power cannot, by dedicating property to one use, preclude Itself from rededicatlng the same property to some other public use.
What to read after Judicial And Statutory Definitions of Words And Phrases 3?
You can find similar books in the "Read Also" column, or choose other free books by West Publishing Company to read onlineMoreLess
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