 | Frank Greene Bates, Oliver Peter Field - State governments - 1928 - 612 pages
...other civil cases in courts of records, 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 contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative... | |
 | Law reports, digests, etc - 1887 - 1030 pages
...QuraTION OP LAW. Under Const. Mo. 1875, art. 2, JÎ 20, providing " 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 he a judicial question, and as such judicially determined," a question as to whether... | |
 | Lyman Tower Sargent - Political Science - 1995 - 406 pages
...controversy. This right includes all controversies concerning property. 29. 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 by a jury, without regard to any... | |
 | Alan T. Ackerman - Law - 2006 - 422 pages
...compensation shall be ascertained by a jury, unless a jury be waived. . . . 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... | |
 | John Ryskamp - Law - 2007 - 284 pages
...public use. The provision, however, includes this curious language: "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... | |
 | Clint Bolick - Law - 2007 - 208 pages
...listing specific exceptions, the provision goes on to state that "[w]henever 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... | |
 | United States - 1906 - 942 pages
...purposes, and then only in such manner as may be prescribed by law. 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 as such, judicially determined, without regard to any... | |
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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... 
