...property of one man and give it to another, even upon compensation being made. I have already adverted to the right of the state to take private property for public use, and need not repeat what has been said. This right was originally founded on state necessity. If its...

...well settled, and admitted on all hands, to exist in every State and country. No one now questions the right of the State to take private property for public use, against the consent of the owner. Questions frequently arise, and may come up again, as to the extent...

...No. xxix. 2 Story Const., §§ 1199-1215. *-§ 371. Of Eminent Domain. The right of eminent domain is the right of the state to take private property for public use, upon making due compensation therefor. Every species of property, except money and choses in action,...

...the State of Kansas, as follows : " Outside of any special constitutional or statutory restrictions, the right of the State to take private property for public use, and the corresponding right of the individual to receive compensation for the property thus taken,...

...created. It is a peculiar matter, exceptional in its character, and not an ordinary '"case" or "cause," as these terms are employed by the Constitution in...Legislature to provide by law for the ascertainment of the •dne compensation required. In making provision for this, the Legislature may select the court on...

...that it may, under the constitution of the United States, be divested on making just compensation. The right of the state to take private property for public use is conceded as a general proposition. It is a right appertaining to sovereignty; one which the state...

...does not in the least figure when the right of eminent domain is to be exercised. Eminent domain is the right of the State to take private property for public use. This right in California has this limitation, that the property cannot be taken without just compensation...

...Of the sovereign right of eminent domain — Delegation thereof to individuals and corporations. — The right of the State to take private property for public use, or to authorize its taking, without the consent of the owner, upon just compensation being made therefor,...

...proper functions of their office? We think not. The obligation to make compensation is coextensive with the right of the State to take private property for public use, and whenever it is taken by competent authority the obligation of the State can not be evaded. Johnson...

...thing controlled for the right to control it, emphasizes this meaning. Eminent domain is denned to be the right of the state to take private property for public use, on payment of compensation.4 It does not follow, however, that every law prescribing compensation for...