 | John Lewis - Corporation law - 1893 - 820 pages
...rights of the owner therein divested; and whenever an attempt is made to take private property for use alleged to be public, the question whether the contemplated use be really public, shall be a judicial question, and determined as such without regard to any legislative... | |
 | Carman Fitz Randolph - Eminent domain - 1894 - 604 pages
...disturbed, or the proprietary rights of the owner therein divested ; and whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative... | |
 | New York (State). Constitutional Convention - Constitutional law - 1894 - 1436 pages
...disturbed, or the proprietary rights of the owner therein divested ; and whenever an attempt is made to take private prop^erty for a use alleged to be public, the question whether the contemplated use be really public, shall be a judicial question- and determined as such without regard to any legislative... | |
 | Law - 1894 - 136 pages
...for use alleged to be public, the question whether the coutemploted use be public shall be a public question, and as such determined without regard to legislative assertion that the use is public." Art. 1, \ 190. The execution of the r1ght of Eminent Domain shall never be abridged or so construed... | |
 | New York (State). Constitutional Convention - Constitutional conventions - 1894 - 1326 pages
...other civil cases in courts of record, in the manner prescribed by law. Whenever an attempt is made to take private property for a use alleged to be public, the question whether the . Private Property— Private Roads. Sec. Art. contemplated use be really public shall be a judicial... | |
 | James Bradley Thayer - Constitutional law - 1894 - 470 pages
...proprietary rights of the owner therein divested ; and whenever an attempt is made to take private propertv for a use alleged to be public, the question whether the contemplated use be really public shall be a judic,al question, and determined as such without regard to any legislative... | |
 | William Weeks Morrill - Electric utilities - 1895 - 952 pages
...rights of the owner therein divested; and whenever an attempt is made to take private property for use alleged to be public, the question whether the contemplated use be really public, shall be a judicial question, and determined as such without regard to any legislative... | |
 | Civil procedure - 1897 - 1060 pages
...TAKING3 — Public TTse. — Under a constitutional provision that "whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question," a landowner imy question the right of a railroad company... | |
 | Curtis Holbrook Lindley - Mineral lands - 1897 - 780 pages
...disturbed, or the proprietary rights of the " owner therein divested ; and whenever an attempt is made " to take private property for a use alleged to be public, the " question whether the contemplated use be really public, " shall be a judicial question, and determined as such without " regard to any legislative... | |
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... whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public, shall be a judicial question, and determined as such without regard to any legislative assertion that... 
