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... A Treatise on the Law of Railways - Page 284by David Rorer - 1884 - 1618 pagesFull view - About this book
| Michigan. Legislature - Michigan - 1845 - 280 pages
...by the taking of private property, it rests with the legislature to say whether the public benefit will be of sufficient importance to render it expedient for them to exercise the right of eminent domain and to authorize an interference with the private rights of individuals." This is the language... | |
| New York (State). Attorney General's Office - Railroad law - 1845 - 20 pages
...But," he says, " 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 be~ nefit to the public will be of sufficient importance to render it ex* pedient for them to exercise... | |
| E. Fitch Smith - Constitutional law - 1848 - 1004 pages
...ground, that if the public interest could in any way be promoted by the taking of private property, it must rest in the wisdom of the legislature to determine...expedient for them to exercise the right of eminent domain, and to authorize an interference with private rights for that purpose. That it was upon this... | |
| E. Fitch Smith - Constitutional law - 1848 - 1040 pages
...where he says : ' 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...be of sufficient importance to render it expedient to exercise the right of eminent domain, and to authorize an interference with the private rights of... | |
| Georgia. Supreme Court - Equity - 1848 - 712 pages
...tacit agreement or implied understanding. The legislature must determine, in its wisdom and discretion, whether the benefit to the public will be of sufficient importance to render it proper for them to exercise the right of eminent domain, and to authorize an interference with the... | |
| Georgia. Supreme Court - Equity - 1851 - 716 pages
...to be, that " if the public interest can be in any way promated by the taking of private property, it must rest in the wisdom of the Legislature to determine...expedient for them to exercise the right of. eminent domain, and to authorize an interference with the private rights of individuals for that purpose."... | |
| 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...expedient for them to exercise the right of eminent domain, and to authorize an interference with private rights for that purpose. As it has been said... | |
| John Willard - Conveyancing - 1861 - 718 pages
...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...expedient for them to exercise the right of eminent domain. (Beckman v. Saratoga and Sch. Rail Road Co. 3 Paige, 73.) No just sovereign would take the... | |
| Illinois. Supreme Court - Law reports, digests, etc - 1868 - 730 pages
...RR Co., 3 Paige, 63. It rests in the wisdom of the legislature to determine whether the benefit of the public will be of sufficient importance to render...expedient for them to exercise the right of eminent domain ; and when the legislature determines the question, the courts have no power to review the legislative... | |
| Thomas McIntyre Cooley - Constitutional law - 1868 - 776 pages
...been said that " 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...expedient for them to exercise the right of eminent domain, and to authorize an interference with the private rights of individuals for that purpose.1... | |
| |