 ... where real estate is actually invaded by superinduced additions of water, earth, sand, or other material, or by having any artificial structure placed on it, so as to effectually destroy or impair its usefulness, it is a taking, within the meaning...  A Treatise on the Law of Railroads - Σελίδα 195των Edward Lillie Pierce - 1881 - 575 σελίδεςΠλήρης προβολή - Σχετικά με αυτό το βιβλίο
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1890 - 784 σελίδες
...construction in favor of this principle, and in some case* beyond it; and that it remains true that where real estate is actually invaded by superinduced...a taking, within the meaning of the Constitution, and that this proposition is not in conflict with the weight of judicial authority in this country,... | |
 | United States. Court of Claims, Audrey Bernhardt - 1951 - 916 σελίδες
...v. Green Bay Co., 13 Wall. 166, 80 US 166, 181, the Supreme Court said "* * * it remains true that where real estate is actually invaded by superinduced...a taking, within the meaning of the Constitution, and that this proposition is not in conflict with the weight of judicial authority in this country,... | |
 | United States. Court of Claims - 1919 - 740 σελίδες
...construction in favor of this principle, and, in some cases, beyond it, and that it remains true that where real estate is actually invaded by superinduced...a taking, within the meaning of the Constitution, and that this proposition is not in conflict with the weight of judicial authority in this country,... | |
 | 1888 - 564 σελίδες
...construction in favor of this principle, and in some cases beyond it, and that it remains true that where real estate is actually invaded by superinduced additions of water, earth, sand and other material, or. by having an artillcial structure placed upon it, so as to effectually destroy... | |
 | United States. Supreme Court - 1872 - 1546 σελίδες
...construction in favor of this principle, and, in some cases, beyond it, and that it remains true that where real estate is actually invaded by superinduced...a taking, within the meaning of the Constitution, and that this proposition is not in conflict with the weight of judicial authority in this country,... | |
 | John Forrest Dillon - 1873 - 478 σελίδες
...States, which, after recognizing the conflict in the decisions of the state courts, held that "where the real estate is actually invaded by superinduced additions of water, earth, sand, or other materials, or by having any artificial structure placed on it, so as effectually to destroy or impair... | |
 | Thomas McIntyre Cooley - 1874 - 914 σελίδες
...judicial construction in favor of this principle, and in some cases beyond it ; and it remains true that where real estate is actually invaded by superinduced...having any artificial structure placed on it, so as effectually to destroy or impair its usefulness, it is a taking within the meaning of the constitution."... | |
 | Theodore Sedgwick - 1874 - 750 σελίδες
...such serious interruption to the common and necessary use of it as will be equivalent to a taking. " Where real estate is actually invaded by superinduced...material, or by having any artificial structure placed upon it, so as to effectually destroy or impair its usefulness, it is a taking within the meaning of... | |
 | Wisconsin. Railroad Commissioners' Department - 1875 - 856 σελίδες
...of law. So it was held in the case of Pumpelly rs. Green Bay Co., before cited, 13 Wall, 174, that where real estate is actually invaded by superinduced...water, earth, sand, or other material, or by having artificial structures placed on it, so as to effectually destroy or impair its usefulness, it is a... | |
 | Thomas McIntyre Cooley - 1874 - 904 σελίδες
...earth, sand, or other material, or by having any artificial structure placed on it, so as effectually to destroy or impair its usefulness, it is a taking within the meaning of the constitution." This whole subject is most elaborately considered by Smith, J., in Eaton v. Boston, C. & MRR Co., 51... | |
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