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" When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury or by not less than three commissioners appointed by a court of record, as shall... "
Public and Local Acts of the Legislature of the State of Michigan - Page xxii
by Michigan - 1851
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 27

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1868
...performing it, must, in conformity with the provisions of the Constitution, be ascertained by a jury, or by not less than three commissioners, appointed by a court of record. (Cons, of 1846, § 7, art 1.) The compensation or damage, therefore, could only be fixed by a jury,...
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Transcript Appeals: The File of Opinions in Cases Argued Before ..., Volumes 5-6

New York (State). Court of Appeals, Joel Tiffany - Law reports, digests, etc - 1868
...public; compensation must be given ; the amount required as compensation must be ascertained by a jury, or by not less than three commissioners appointed by a Court of record. It has, indeed, been said that the right of eminent domain implies the right in the sovereign power...
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Documents of the Convention of the State of New York, 1867-'68, Volume 5

New York (State). Constitutional Convention - Constitutional conventions - 1868
...made therefor, when such compen3 sation is not made by the State, shall be ascertained by a jury, 4 or by not less than three commissioners, appointed by a court of 5 records, as shall be prescribed by law. Private roads may be 6 opened in the manner to be prescribed...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volume 11

Civil procedure - 1868
...or of a majority only. For when the Constitution says that the compensation is to be ascertained " by not less than three commissioners, appointed by a court of record," it says in effect, that it is to be ascertained by the commissioners, to be appointed by the court,...
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Statutes at Large of the State of New York: Comprising the Revised ..., Volume 1

New York (State) - Law - 1869
...be made therefor, when such compensation is not made by the state, shall bo ascertained by a jury, or by not less than three commissioners appointed...a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law ; but in every case the necessity...
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The Amended Constitution of the State of New York, Adopted by the Convention ...

New York (State) - 1869 - 169 pages
...be made therefor, when such compensation is not made by the State, shall be ascertained by aj ury, or by not less than three commissioners appointed...a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law ; but in every case the necessity...
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Reports of Cases Argued and Determined in the Circuit Court of the ..., Volume 6

United States. Circuit Court (2nd Circuit) - Law reports, digests, etc - 1870 - 24 pages
...be made therefor, when such compensation is not made by the State, shall be ascertained by a jury, or by not less than three commissioners, appointed...a Court of record, as shall be prescribed by law, and that the authority purporting by said Acts to be conferred upon the commissioners mentioned therein...
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Albany Law Journal, Volume 6

Law - 1873
...authorizes property to be taken for public use, and the compensation therefor to be ascertained by a jury, or by not less than three commissioners, appointed by a court of record. Constitution, art. 1. § 7. These conditions appear to have been observed. It is not the province of...
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Journal of the Constitutional Convention, of the State of Illinois: Convened ...

Illinois. Constitutional Convention - Constitutional conventions - 1870 - 1022 pages
...amend the amendment of Mr. Ross by striking out, after the word "jury," in the third line, the words "or by not less than three commissioners, appointed by a court of record," and also the amendment ottered by Mr. W beatón. The amendment of Mr. Benjamin was accepted by Mr....
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Laws Relating to Railroads ...

Michigan - 1870
...whose estate or interest is to be effected by the proceedings, may demand and have from such Court a jury of twelve freeholders, residing in the vicinity of such property, to ascertain and determine the necessity for takinsr such lands, franchise, or other property, and...
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