 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1868 - 672 páginas
...resulting as a consequence of performing it, must, in conformity with the provisions of the Constitution, be ascertained by a jury, or by not less than three commissioners, appointed by a court of record. (Cons, of 1846, § 7, art 1.) The compensation or damage, therefore, could only be fixed by a jury,... | |
 | Joel Tiffany, New York (State). Court of Appeals - 1868 - 802 páginas
...particulars: — the use must be public; compensation must be given ; the amount required as compensation must be ascertained by a jury, or by not less than three commissioners appointed by a Court of record. It has, indeed, been said that the right of eminent domain implies the right in the sovereign power... | |
 | New York (State). Constitutional Convention - 1868 - 1034 páginas
...be taken for public use wit'iout just compensation. SEC. 7. When private property shall be taken for public use, the compensation to be made therefor, when such compensation is not made hy the State, shall be ascertained by a jury, or by not less than three commissioners appointed by... | |
 | New York (State). Constitutional Convention - 1868 - 1132 páginas
...shall be taken for any public 2 use, the compensation to be made therefor, when such compen3 sation is not made by the State, shall be ascertained by a jury or 4 by not less than three commissioners appointed by a court of 5 record, as shall be prescribed by... | |
 | New York (State) - 1869 - 184 páginas
...property taken for public use, without just compensation. Defence. Eights of for public use. SEC. 7. When private property shall be taken for any public...is not made by the State, shall be ascertained by aj ury, or by not less than three commissioners appointed by a court of record, as shall be prescribed... | |
 | New York (State) - 1869 - 870 páginas
...309, 486; 13 NY, 378, 143; 18 NY. 38, 199 ; 19 NY, 116 j 25 NY, 416 : 24 How. PR, 369, 388. SECTION 7. When private property shall be taken for any public...such compensation is not made by the state, shall bo ascertained by a jury, or by not less than three commissioners appointed by a court of record, as... | |
 | Austin Abbott - 1870 - 584 páginas
...the judiciary (Cooky's Const. Lim., 494-5). The Constitution of the State provides, in Art. I., §7: "When private property shall be taken for any public...prescribed by law. Private roads may be opened in Hanlon v. Supervisors of Westcliester. the manner to be prescribed by law, but in every case the necessity... | |
 | United States. Circuit Court (2nd Circuit) - 1870 - 642 páginas
...compensation, and of section 7 of Article 1 of the Constitution of the State of New York, which provides, that, when private property shall be taken for any public...a Court of record, as shall be prescribed by law, and that the authority purporting by said Acts to be conferred upon the commissioners mentioned therein... | |
 | 1870 - 590 páginas
...judiciary (Cooler's Const. L/'m., 494-5). The Constitution of the State provides, in Art. I., §7: "When private property shall be taken for any public...is not made by the State, shall be ascertained by a juiy, or by not less than three commissioners appointed by a court of record, as shall be prescribed... | |
 | 1875 - 438 páginas
...that where private property shall be taken for public use, the compensation to be made therefor, when not made by the State, shall be ascertained by a jury...three commissioners, appointed by a court of record, and the proceedings therennder were consequently Told. Held, that under said constitutional provision... | |
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When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury or by not less than three commissioners appointed by a court of record, as shall... 
