 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.  Albany Law Journal - Page 2941885Full view - About this book
 | United States. Court of Claims - Law reports, digests, etc - 1947 - 806 pages
...its 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... | |
 | Law - 1888 - 564 pages
...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... | |
 | Law - 1920 - 496 pages
...be 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,... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1879 - 886 pages
...State 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... | |
 | Law reports, digests, etc - 1899 - 962 pages
...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... | |
 | Law reports, digests, etc - 1888 - 1450 pages
...Transportation Co. v. Chicago, 99 US 642, was an extreme qualification of the doctrine, universally held, that "acts done in the proper exercise of governmental...directly encroaching upon private property, though these consequences may impair its use," do not constitute a taking within the meaning of the constitutional... | |
 | Law reports, digests, etc - 1888 - 1462 pages
...Transportation Co. v. Chicago, 99 US 642, was an extreme qualification of the doctrine, universally held, that "acts done in the proper exercise of governmental...directly encroaching upon private property, though these consequences may impair its use," do not constitute a taking within the meaning of the constitutional... | |
 | Law reports, digests, etc - 1885 - 968 pages
...state, that private property shall not be taken for public use without just compensation being made. But acts done in the proper exercise of governmental powers,...consequences may impair its use, are universally held not to bo a taking within the meaning of the constitutional provision. They do not entitle the owner of such... | |
 | Law reports, digests, etc - 1885 - 1000 pages
...state, that private property shall not be taken for public use without just compensation being made. But acts done in the proper exercise of governmental powers,...universally held not to be a taking within the meaning of tho constitutional provision. They do not entitle the owner of such property to compensation from the... | |
 | Henry Flanders - 1885 - 336 pages
...property. It must be taken only for the public use, and just compensation must be made for it. But acts done in the proper exercise of governmental powers,...though their consequences may impair its use, are held not to be a taking within the meaning of this provision of the Constitution. They do not entitle... | |
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