 | 1873 - 464 páginas
...constitution of this State authorizes property to be taken for public use, and the compensation therefor to be ascertained by a jury, or by not less than three commissioners, appointed by a court of record. Constitution, art. 1, § 7. These conditions appear to have been observed. It ie not the province of... | |
 | John Forrest Dillon - 1873 - 476 páginas
...the constitution of New York it is provided that the compensation "shall be ascertained by a ;ury, or by not less than three commissioners appointed by a court of record." This language in respect to commissioners was considered by the Court of Appeals to imply that the... | |
 | Theodore Sedgwick - 1874 - 750 páginas
...consideration." * The Constitution of New York declares that when private property is taken the compensation shall be ascertained by a jury or by not less than...three commissioners appointed by a court of record, f This provision is not satisfied by a city charter which authorizes the common council to appoint... | |
 | New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1874 - 670 páginas
...shall not be taken for public use without just compensation, and that when so taken, such compensation shall be ascertained by a jury, or by not less than three commissioners, nre restrictions upon the legislative exercise of the right of eminent domain. Ib. The word "jury,"... | |
 | 1876 - 642 páginas
...which provides that when private property is taken for public use, the compensation therefor, when "not made by the State, shall be ascertained by a jury, or by not less than three commissioners.'' A concurrence of all was not necessary, and, in the absence of an express provision to that effect,... | |
 | Isaac Grant Thompson - 1878 - 1018 páginas
...property shall be taken for public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury,...a court of record, as shall be prescribed by law," was held to abrogate a prior statute providing for a different mode of assessment of the damages. In... | |
 | 1878 - 656 páginas
...shall be taken for any public use, the compensation to be made therefor, when iuch compensation is not made by the State, shall be ascertained by a jury...commissioners appointed by a court of record, as shall be proscribed by law. Private roads may be opened in th« manner to be prescribed by law ; but in every... | |
 | 1878 - 680 páginas
...the Constitution, which provides that the compensation for land taken for public use, when not to be made by the State, shall be ascertained by a jury,...three commissioners, appointed by a court of record. The commissioners failed to comply with the provision of the act, which required them to state in their... | |
 | Nathan Howard (Jr.), Rowland M. Stover - 1879 - 728 páginas
...present Constitution (Detmold agt. Drake, 46 NY, 318). Matter of One Hundred and Twenty-seventl Street. a jury or by not less than three commissioners appointed...a court of record as shall be prescribed by law." This section vests in the commissioners the sole power of determining what is just compensation and... | |
 | 1889 - 746 páginas
...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,...a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law; but in every case the necessity... | |
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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... 
