Leading Cases in the Law of Real Property Decided in the American Courts Volume 4 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1889 Excerpt: ... Eminent Domain. ALFRED S. BROWN v. THOS. B. BEATTY. High Court of Errors and Appeals of Mississippi, October Term, 1857. Reported 34 Mississippi, 227. Constitutional Law: Bight Of Eminent Domain.--The right of eminei domain is an inherent and essential element of sovereignty; it results from the social compact, and would exi6t, without any express provision of the organic law upon the subject. Same.--The existence of the right of eminent domain is expressly recognized in the Bill of Rights (Const. Art. 1, I 13), and the only restrictions placed on its exercise are, that private property shall not be taken, or applied to public use, without the consent of the legislature, nor without just compensation being first made therefor. Same: Private Property May Be Taken Fob Public, But Not For PbiVate Use.--The legislature cannot, in the exercise of the right of eraiuent domain, provide for the appropriation of private property to a mere private enterprise, in which the public have manifestly no interest. Such a provision would be, in effect, a judicial sentence, by which the property of one citizen would be taken from him and vested in another, and therefore void; but it is not essential to the exercise of this right, that the enterprise, for which private property may be taken, should be exclusively a State undertaking, in which private individuals, as such, have no interest. Same: Railroads, When Owned By Individuals, Are So Public As To Authorize The Taking Of Private Property For Their ConstrucTION.--It is the right and duty of the State to promote the welfare and secure the happiness of its members, to facilitate and cheapen the transportation of the products of labor, and to increase intercourse among the citizens. The construction of railroads and other wor...