 | New York (State). Attorney General's Office - Railroad law - 1845 - 20 pages
...compensation was made, unless the public interest would be in some way promoted by the transfer. " But," he says, " if the public interest can be in any way promoted...wisdom of the Legislature to determine whether the be~ nefit to the public will be of sufficient importance to render it ex* pedient for them to exercise... | |
 | Michigan. Legislature - Michigan - 1845 - 280 pages
...provided for by the constitution, notwithstanding individuals may be incidentally benefitted by it. "If the public interest can be in any way promoted by the taking of private property, it rests with the legislature to say whether the public benefit will be of sufficient importance to render... | |
 | E. Fitch Smith - Constitutional law - 1848 - 1004 pages
...position taken by the chancellor in Beekman v. Saratoga and Schencctady Pail Road Company, where he says: ' If the public interest can be in any way promoted...whether the benefit to the public will be of sufficient importance to render it expedient to exercise the right of eminent domain, and to authorize an interference... | |
 | E. Fitch Smith - Constitutional law - 1848 - 1040 pages
...His decision in that case was placed on the ground, that if the public interest could in any way be promoted by the taking of private property, it must...whether the benefit to the public will be of sufficient importance to render it expedient for them to exercise the right of eminent domain, and to authorize... | |
 | Georgia. Supreme Court - Equity - 1851 - 716 pages
...states the doctrine upon this subject to be, that " if the public interest can be in any way promated by the taking of private property, it must rest in...whether the benefit to the public will be of sufficient importance to render it expedient for them to exercise the right of. eminent domain, and to authorize... | |
 | Joseph Kinnicut Angell - Water - 1854 - 732 pages
...the public interest can in any way be promoted by taking private property, it in a great degree rests in the wisdom of the legislature to determine whether the benefit to the public will be of sufficient importance to render it expedient for them to exercise the right of eminent domain, and to authorize... | |
 | John Willard - Conveyancing - 1861 - 718 pages
...where the public interest will be in no way promoted by such transfer. But if the public interest will be in any way promoted by the taking of private property, it rests in the wisdom of the legislature to determine whether the benefit to the public will be of sufficient... | |
 | New Jersey. Court of Chancery - Equity - 1868 - 636 pages
...Chancellor Waiworth : " But if the public interest," such are the words of this enlightened jurist, " can be in any way promoted by the taking of private...whether the benefit to the public will be of sufficient importance to render it expedient for them to exercise the right of eminent domain, and to authorize... | |
 | Thomas McIntyre Cooley - Constitutional law - 1868 - 776 pages
...It would not be safe, however, to apply with much liberality the language above quoted, that " where the public interest can be in any way promoted by the taking of private property," the taking can be considered for a public use. It is certain that there are many ways in which the... | |
 | Law reports, digests, etc - 1869 - 954 pages
...that "if the public Interest can be in any way promoted by ihe-taking of private' property, It must be in the wisdom of the legislature to determine whether the benefit to the public will be of sufficient importance to render it expedient for them to exercise the right of eminent domain, and to authorize... | |
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But if the public interest can be in any way promoted by the taking of private property, it must rest in the wisdom of the legislature to determine whether the benefit to the public will be of sufficient importance to render it expedient for them to exercise... 
