Ruling Case Law: As Developed and Established by the Decisions and Annotations Contained in Lawyers Reports Annotated, American Decisions, American Reports, American State Reports, American and English Annotated Cases, American Annotated Cases, English Ruling Cases, British Ruling Cases, United States Supreme Court Reports, and Other Series of Selected Cases, Volumen10

Portada
William Mark McKinney, Burdett Alberto Rich
Edward Thompson Company, 1915
 

Comentarios de la gente - Escribir un comentario

No encontramos ningún comentario en los lugares habituales.

Páginas seleccionadas

Contenido

True Meaning of Public
26
Requirements of State Constitutions
27
Requirements of Federal Constitution 26 Differing Local Conditions
28
Public Use as Legislative or Judicial Question
29
Number Enjoying Benefit
31
Uses Partly Private
32
Character of Party Taking 31 Public Buildings
34
Public Health and Safety
35
Public Parks and Civic Adornment
36
Service to the Public
38
Public Highways
39
Private Roads
40
Excess Takings
41
Steam Railroads
42
Uses Incidental to Railroads
44
Spur Tracks
46
Navigation Watercourses Landings and Ferries
47
Public Water Supply
48
Artificial Light
49
Creation and Distribution of Power
50
Miscellaneous Public Service
52
Assistance of Private Enterprise
53
Mills Public and Private
54
Mines and Mining
55
Lumbering and Log Driving 50 Drainage of Swamp Lands
57
Private Drainage Acts
58
Irrigation
59
Clearing Doubtful TitleLand Registration
60
What Constitutes a Taking of Property 54 Scope of Restriction 55 Taking under Police Power
61
Seizure and Destruction of Property Generally
64
Taking under Power of Taxation
65
Taking by Eminent Domain Defined
66
Decreasing Importance of Controversy over Meaning of Taken
67
Entry and Occupation without Formal Condemnation
68
Covering Land with Water or Earth
70
Impairment of Enjoyment Smoke Odors Noise and Vibration
71
Cutting off Access Discontinuance of Streets and Parks
72
Restrictions
73
Property Defined
74
Franchises
75
Rails Pipes and Wires in Streets
76
Property of Cities and Towns
77
Taking of Riparian Rights 69 Riparian Rights as Property
79
Public and Private Waters
80
Rights in the Upland
81
Public Right of Navigation
82
Right of Access to Water Channel
83
Diversion of Water Doctrine of Prior Appropriation
84
Pollution
85
Wharves Fillings and Dams
86
Riparian Rights of Public
87
Extent of Public EasementAdditional Servitudes 78 In General Limitation of Taking to Easement
88
Additional Servitude Defined
90
Easement of Public Highway
91
Owners Right Subordinate to Public Easement
93
Urban and Rural Servitudes
94
Origin of Abutters Easements
95
Extent of Abutters Easements
96
Change of Grade
97
Lateral Support Slope of Land Surface Water
99
Reservation for Special Forms of Travel Viaducts
100
Steam Railroads as Additional Servitudes
101
Railroads when Fee Is in Public
102
Railroads in Streets Particular Rulings
104
Elevated Railways
105
Subways 93 Street Railways
106
Street Railways Interfering with Access
108
Interurban and Freight Railways
109
Telegraph and Telephone Lines
110
Particular Rulings in Telegraph and Telephone Cases
111
Sewers Water Pipes and Gas Pipes
112
Electric Light Lines
113
Buildings and Other Structures
114
Measure of Damages for Improper Street Uses
115
Advanced or Secured Payments
127
Market Value Measure for Land Taken
128
Value Based on Most Advantageous
130
Value for Special Use 115 Value from Expected Public
131
Effect of Unfavorable Conditions
132
When Interest Remaining to Owner Is Valuable
133
Different Interests in Same Parcel
134
Estates Less than Fee Leasehold Interests
135
Measure of Lessees Compensation
136
Estates and Interests Generally
137
Easements in Property Taken
139
Mortgages and Liens
140
Buildings and Fixtures
142
Buildings and Fixtures on Leased Land
143
Improvements Prematurely Made by Condemnor
144
Injury to Business
145
Valuation of Plant of Public Service Corporation
146
Public Service CorporationTaking of Land and Regulation 130 Opening Street Across Railroad
148
Cost of Constructing Crossings
149
Laying Out Railroad Across Another Public Work
150
Increased or Modified Use of E isting Crossings 134 Telegraph Line Along Railroad Location
152
Damage to Owners Remaining Land
153
Particular Elements of Damage
155
Danger to Life and Property
156
Damage to Other Lands of Same Owner
157
Setoff of Benefits
158
General and Special Benefits Distinguished
159
Setoff from Value of Land Taken
160
Benefits as Payment in Money
161
Setoff against Damages to Remaining Land
162
Interest
163
Damages When No Property Is Taken
164
History of Right to Compensation for Direct and Consequential Damage 146 Definition of Damage
165
Physical Injury to LandRiparian Rights
167
Proximity to Unpleasant Public
168
Proximity to Railroad Location
170
Change of Grade of Public
171
Original Establishment of Grade
174
Measure of Damages for Change of Grade
175
153 Street Railways
176
Steam Railroads in Public Streets 155 Obstruction or Vacation of Public Streets and Grounds
177
Setoff of Benefits
179
Costs
189
Authority to Exercise Eminent Domain 167 To Whom Authority May Be Granted
195
Strict Construction of Authority
196
Taking of Land Already in Public
198
What Use Protects from Subsequent Taking
201
Navigable Waters and Tide Lands
203
Procedure and Remedies 172 Necessity of Attempt to Purchase 173 Purchase and Condemnation when Owner Is under Disability
204
Condemnation by Resolution 175 Condemnation by Judicial Decree
205
Venue of Proceedings
206
Federal Courts Jurisdiction and Procedure
207
Appeal from Adjudication of Right to Take
208
Formal Defects in Proceedings 180 Collateral Impeachment De Facto Corporations Ulterior Motives
210
Necessity for Appearance and Answer
212
Conduct of Hearing or Trial
213
Time as of Which Damages Are Assessed
214
Right to Compensation as Running with Land
215
Evidence of Value
216
Evidence of Damage
217
Expert and Opinion Evidence
218
Evidence of Price Paid or Offered for Same or Similar Lands
220
Setting Aside Award or Verdict
222
Statutory Remedy Generally
223
Remedy for Negligent and Unnecessary Injury
225
Nonnegligent or Necessary Injury in Absence of Statutory Remedy
227
Injunction against Illegal Taking
228
Waiver of Owners Rights
230
Permanent Damages when Taking Unlawful
232
Liability of Successor of Corporation Inflicting Injury
233
Remedies of Abutter for Improper Use of Street
234
Statutes of Limitation
236
Derechos de autor

Otras ediciones - Ver todas

Términos y frases comunes

Pasajes populares

Página 15 - Constitution which declares that no person shall be deprived of his life, liberty, or property, without due process of law.
Página 687 - Coke's definition, like his times, is rough, that an estoppel is where a man is concluded by his own act or acceptance to say the truth...
Página 320 - Fraud, indeed, in the sense of a court of equity properly includes all acts, omissions and concealments which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another.
Página 663 - A condition, followed by a limitation over to a third person in case the condition be not fulfilled, or there be a breach of it, is termed a conditional limitation.
Página 430 - Ch. 139, it was held that a creditors' bill could be filed against several persons relative to matters of the same nature, forming a connected series of acts, all intended to defraud and injure the plaintiffs, and in which all the defendants were more or less concerned, though not jointly in each act.
Página 386 - A court of equity, which is never active in relief against conscience or public convenience, has always refused its aid to stale demands, where the party has slept upon his right, and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith and reasonable diligence; where these are wanting, the court is passive, and does nothing.
Página 349 - An equitable lien arises either from a written contract which shows an intention to charge some particular property with a debt or obligation, or is implied and declared by a court of equity out of general considerations of right and justice as applied to the relations of the parties and the circumstances of their dealings.
Página 70 - ... 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 of the Constitution...
Página 405 - The meaning of this rule is that, under ordinary circumstances, a suit in equity will not be stayed for laches before, and will be stayed after the time fixed by the analogous statute of limitations at law; but if unusual conditions or extraordinary circumstances make it inequitable to allow the prosecution of a suit after a briefer, or to forbid its maintenance after a longer, period than that fixed by the statute, the chancellor will not be bound by the statute, but will determine the extraordinary...
Página 167 - In all cases, to warrant a recovery, it must appear there has been some direct physical disturbance of a right, either public or private, which the plaintiff enjoys in connection with his property and which gives to it an additional value, and that by reason of such disturbance he has sustained a special damage with respect to his property in excess of that sustained by the public generally.

Información bibliográfica