Inhaltsangabe
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908. Excerpt: ... Chapter XIII. THE POWER OF EMINENT DOMAIN. Section 116. Chief among the important powers usually conferred upon municipal corporations is the delegated authority of the tremendous power of the right of eminent domain. Defined. The right of eminent domain is an essential attribute of sovereignty, inherent in every independent government, and to be exercised in the discretion of the sovereign power to promote the general welfare of the people; and the rights of citizens to own, possess, and enjoy property must necessarily give way to the right of the State to appropriate it to public uses, when, in the judgment of the sovereign power, public interest will be promoted.1 "Social duties and obligations are paramount to individual rights and interests. Private rights not under the shield of the organic law must yield when they come in conflict with public necessity or the general good. The maxim, Salus populi suprema lex, has an important meaning in its applicatoin to private rights, and in limiting the absoluteness of any possible ownership of private property. The legislature, as the authority representative of the public, and the constituted judge of what is demanded by the general weal, has the right to say, under such constitutional restrictions as may exist in the particular state to every private proprietor, "The public needs of your property thus much," and the individual must submit. 1 Penn. Mut. Life Ins. Co. va. Heias, 141 111., 35. "This is a right inherent in every government. It is a tremendous power and one which is without theoretical limits, and, indeed, without any legal limitations except such as may exist in written organic restrictions upon legislative action; it has, in addition, practical limitations in the sense of justice, which ever pr...
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