The Doctrine of Presumed Dedication of Private Property to Public Use, in Its Application to Railroads (Classic Reprint) - Softcover

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Excerpt from The Doctrine of Presumed Dedication of Private Property to Public Use, in Its Application to Railroads

Property does become clothed with a public interest when used in a manner to make it of public consequence, and afiect the community gener ally. When, therefore, one devotes his property to a use in which the public has an interest, he, in efiect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created. He may withdraw the grant by discontinuing the use; but so long as he maintains the use, he must submit to the control. [opinion of Mr. Chief-justice Waite, in Munn vs. Illinois, 4 Otto's R. Pp. 113.

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