 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...  Documents Accompanying the Journal ... - Page 6by Michigan. Legislature - 1845Full view - About this book
 | New York (State). Attorney General's Office - Railroad law - 1845 - 20 pages
...determine whether the be~ nefit to the public will be of sufficient importance to render it ex* pedient for them to exercise the right of EMINENT DOMAIN,...interference with the private rights of individuals for that purpose ;" and he cites 2 Kent's Com. 340. The Chancellor then proceeds to show that it is... | |
 | E. Fitch Smith - Constitutional law - 1848 - 1040 pages
...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...eminent domain, and to authorize an interference with private rights for that purpose. That it was upon this principle that the legislature of the several... | |
 | Georgia. Supreme Court - Equity - 1848 - 712 pages
...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,...interference with the private rights of individuals, for that purpose ; 2 Kent Com. 338, 339, 340; Beekmanvs. the Saratoga and Schencctady Rail Road Co.... | |
 | E. Fitch Smith - Constitutional law - 1848 - 1004 pages
...determine whether the benefit to the public will be of sufficient importance to render it expedient to exercise the right of eminent domain, and to authorize...interference with the private rights of individuals.' This position, it will be seen, disregards the distinction between a public use and a public interest in... | |
 | Georgia. Supreme Court - Equity - 1851 - 716 pages
...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...interference with the private rights of individuals for that purpose." See also Commonwealth vs. Breed, 4 Pickering's Rep. 463. We have endeavored to show... | |
 | Joseph Kinnicut Angell - Water - 1854 - 732 pages
...great degree rests in the wisdom of the legislature to determine whether the benefit to the public will be of sufficient importance to render it expedient...eminent domain, and to authorize an interference with private rights for that purpose. As it has been said by a distinguished jurist,1 it has been upon this... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1868 - 730 pages
...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 it expedient...them to exercise the right of eminent domain ; and when the legislature determines the question, the courts have no power to review the legislative action,... | |
 | John Willard - Conveyancing - 1861 - 718 pages
...property, it rests 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 the right of eminent domain. (Beckman v. Saratoga and Sch. Rail Road Co. 3 Paige, 73.) No just sovereign would take the property... | |
 | Thomas McIntyre Cooley - Constitutional law - 1868 - 776 pages
...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...interference with the private rights of individuals for that purpose.1 It is upon this principle that the legislatures of several of the States have authorized... | |
 | New Jersey. Court of Chancery - Equity - 1868 - 636 pages
...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...interference with the private rights of individuals for that purpose. It is upon this principle that the legislatures of several of the states have authorized... | |
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