 The right is one which lies dormant in the State until legislative action is had pointing out the occasion, mode, conditions, and agencies for its exercise.  Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Page 443by Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1875Full view - About this book
 | Thomas McIntyre Cooley - Constitutional law - 1871 - 846 pages
...power.1 Legislative Authority requisite. The right to appropriate private property to public uses [*528] lies * dormant in the State, until legislative action is had, pointing out the occasions, the modes, conditions, and agencies for its appropriation.2 Private property can only be... | |
 | Ohio. Supreme Court - Law reports, digests, etc - 1885 - 1744 pages
...power is subject to legislative regulation and judicial control. The right of eminent domain remains dormant in the state until legislative action is had, pointing out the occasions, mode, conditions and agencies for its exercise. Cooley Const. Lim. 528. The question is... | |
 | Thomas McIntyre Cooley - Constitutional law - 1874 - 914 pages
...streams Legislative Authority requisite. The right to appropriate private property to public uses [* 528] lies * dormant in the State, until legislative action is had, pointing out the occasions, the modes, conditions, and agencies for its appropriation.1 Private property can only be... | |
 | Law reports, digests, etc - 1887 - 956 pages
...with. " A tkins v . Kinnan, 20 Wend. 241 . " The right to appropriate private property to public uses lies dormant in the state, until legislative action is had, pointing out the occasions, the modes, conditions, and agencies for its appropriation. Private property can only be... | |
 | John Forrest Dillon - Corporation law - 1890 - 922 pages
...cost of constructing the same." Allen v. Jones, 47 Ind. 438 (1874). In this case Downey, J., says: "The right of eminent domain, or that right by which...occasion, mode, conditions, and agencies for its exercise" (citing Dyckman v. New York, 5 NY 484 ; Cooley Const. Lim. 527). Allen r. Jones, 47 Ind. 438 (1874)... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1891 - 758 pages
...should, within all reasonable limits, be inflexibly adhered to and applied." The right of eminent domain is one which lies dormant in the state until legislative...occasion, mode, conditions, and agencies for its exercise. Dvckman r. City of New York, 5 NY 434; Cooley, Const. llim. 527; Allen v. Jones, 47 Ind. 438. The court... | |
 | Thomas Carl Spelling - Corporation law - 1892 - 736 pages
...appropriating and paying for the property. " The right to appropriate private property to public uses lies dormant in the State until legislative action is had, pointing out the occasions, the modes, conditions and agencies for its appropriation."8 But a legislative enactment... | |
 | Law - 1894 - 136 pages
...sovereignty, it is vested in the government itself, and can only be exercised under legislative authority. It lies dormant in the State until legislative action...the occasion, mode, conditions and agencies for its exercise.1 No principle in American jurisprudence is better established than that no power exists in... | |
 | Vermont. Supreme Court - Law reports, digests, etc - 1894 - 786 pages
...improvements are liable to be thus appropriated. The right to appropriate private property to public use lies dormant in the state until legislative action is had, pointing out the occasions, modes, conditions and agencies for its appropriation. Cooley Cons. Lim., s. 527, 528. All... | |
 | Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1898 - 952 pages
...it was not relied on in that case. Opinion. The right to appropriate private property to public use lies dormant in the State, until legislative action is had pointing out the occasions, the modes, conditions, and agencies for its appropriation. It cannot be presumed that any... | |
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