Outline of Matter And Advance Sheets of the Report On the Legislative Administr
Outline of Matter And Advance Sheets of the Report On the Legislative Administr
Wm Ham William Hammond Hall
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*" Private interests must always be subordinate to public interests, however, and on this account the owner of a spring cannot change the course of its waters when they furnish the necessary supply to the inhabitants of a commune, village, or hamlet. "The legislature has always held in view the personal necessities of people rather than the requirements of agriculture, as necessary to the moral well-being of the nation. " [Dumont, 130. This servitude is sometimes burdensome upon the proprietor ...of an estate who may desire to divert the waters of his spring to some pur- pose useful to himself, and, hence, he has the right to claim payment from the community, unless the inhabitants have, by use for a due length of time, a prescriptive right to* the water. " The amount of the indemnity is determined by the courts, who take into considera- tion the degree of injury proved by the proprietor, rather than the advantages reaped by the commune, - village, or hamlet. " [Dumont, 130. Government can also take possession of springs to feed canals for navigation, but on condition that it pay a just indemnity, as adjudged by the courts, and in conformity to the law for the condemnation of private property to public use.
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