The Law of Municipal Corporations, Volume 2 |
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Page 552
... compensation in the prescribed mode , for designated municipal or public purposes . In this chapter the general nature of the power ; the constitutional restrictions upon it ; the principles which govern the construction and application ...
... compensation in the prescribed mode , for designated municipal or public purposes . In this chapter the general nature of the power ; the constitutional restrictions upon it ; the principles which govern the construction and application ...
Page 553
... compensation . " In some of the constitutions there are , in addition , special provisions of more recent origin , as to the mode of ascertaining the amount of the compensation and the time and manner of payment . Full treatment of this ...
... compensation . " In some of the constitutions there are , in addition , special provisions of more recent origin , as to the mode of ascertaining the amount of the compensation and the time and manner of payment . Full treatment of this ...
Page 554
... compensation therefor . And the 1 The fifth article of the amendments of the constitution of the Unite States was intended to prevent the general government from taking private property for public use without just compensation , and was ...
... compensation therefor . And the 1 The fifth article of the amendments of the constitution of the Unite States was intended to prevent the general government from taking private property for public use without just compensation , and was ...
Page 555
... compensation being made or provided for before the taking is absolutely consum- mated . The right to compensation , however , does not attach in cases where the value of property is merely im- paired and title to it not divested ; nor ...
... compensation being made or provided for before the taking is absolutely consum- mated . The right to compensation , however , does not attach in cases where the value of property is merely im- paired and title to it not divested ; nor ...
Page 556
John Forrest Dillon. compensation . ' Accordingly , a statute " to enable " a city " to abate a nuisance and for the preservation of the public health , " authorized the city to " purchase or otherwise take lands " within a large ...
John Forrest Dillon. compensation . ' Accordingly , a statute " to enable " a city " to abate a nuisance and for the preservation of the public health , " authorized the city to " purchase or otherwise take lands " within a large ...
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Common terms and phrases
action adjoining Allen Ante appeal applied assessment authority Baltimore benefit Boston bridge building caused chap charter Chicago cited collect Commissioners common Commonwealth compel compensation conferred Conn considered constitution construction council County court damages decided dedication directed duty easement effect equity exercise express give given grant Gray ground held highway hold improvements individual injury interest Iowa judgment Justice land legislative legislature levy liable limits Louis Maine mandamus Mass Mayor mode municipal corporation nature necessary neglect objects officers Ohio St opinion owner party perform person Post principle private property proceedings proper provision question Railroad Company railway reason referred relator remedy repair respect road rule statute streets supra Supreme Court taken taxation tion town trust United unless Wall Wend writ York
Popular passages
Page 716 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments, and in contracting debt by such municipal corporations.
Page 702 - It is a principle universally declared and admitted that municipal corporations can levy no taxes, general or special, upon the inhabitants or their property, unless the power be plainly and unmistakably conferred.
Page 699 - Provision shall be made by general law for the organization of cities, towns, and villages; and their power of taxation, assessment, borrowing money, contracting debts and loaning their credit, shall be so restricted as to prevent the abuse of such power.
Page 583 - The right of trial by jury shall remain inviolate; but the General Assembly may authorize trial by a jury of a less number than twelve men in inferior courts; but no person shall be deprived of life, liberty, or property, without due process of law.
Page 675 - But it is not every obstruction, irrespective of its character or purpose, that is illegal, even although not sanctioned by any express legislative or municipal authority. On the contrary, the right of the public to the free and unobstructed use of a street or way is subject to reasonable and necessary limitations.
Page 634 - Municipal corporations, as we have seen, have in some respects a double character — one public, the other (by way of distinction) private. As respects property not held for public use or upon public trusts, and, as respects contracts and rights of a private nature. there is no reason why such corporations should not fall within limitation statutes, and be affected by them.
Page 589 - ... repairing roads, which shall be open to the public, without charge, a compensation shall be made to the owner, in money, and in all other cases where private property shall be taken for public use, a compensation therefor shall first be made in money, or first secured by a deposit of money, and such compensation shall be assessed by a jury, without deduction for benefits to any property of the owner.
Page 820 - Act ; and in case the borough fund shall be more than sufficient for the purposes aforesaid the surplus thereof shall be applied under the direction of the council, for the public benefit of the inhabitants and improvement of the borough...
Page 635 - The author cannot assent to the doctrine that, as respects public rights, municipal corporations are impliedly within ordinary limitation statutes. It is unsafe to recognize such a principle. But there is no danger in recognizing the principle of an estoppel in pais as applicable to...
Page 712 - We admit the proposition of the counsel, that the revenue must be municipal in its nature to entitle it to the exemption claimed. Thus, if an individual should make the city of Baltimore his agent and trustee to receive funds, and to distribute them in aid of science, literature, or the fine arts, or even for the relief of the destitute and infirm, it is quite possible that such revenues would be subject to taxation. The corporation would therein depart from its municipal character, and assume the...