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Books Books 1 - 10 of 103 on But acts done in the proper exercise of governmental powers, and not directly encroaching....  
" But acts done in the proper exercise of governmental powers, and not directly encroaching upon private property, though their consequences may impair its use, are universally held not to be ' a taking ' within the meaning of the constitutional provision. "
Albany Law Journal - Page 296
by Isaac Grant Thompson, Irving Browne - 1885
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The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Volume 36

Law - 1888
...consequences may impair their use, are universally held not to bo a taking within the meaning of the provision. They do not entitle the owner of such property...compensation from the State or its agents, or give him a right of action. This is supported by an immense weight of anthority. Those who are anxious to see...
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The Central Law Journal, Volume 90

Law - 1920
...be bona fide. Messenger v. Messenger, Iowa, 176 NW 260. 39. Eminent Domain Encroachment. Acts done In the proper exercise of governmental powers,...property, though their consequences may impair its use, do not constitute a taking of the property. Hlggins v. Board of Supervisors of Dickinson County,...
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The American Reports: Containing All Decisions of General ..., Volume 26

Isaac Grant Thompson - Law reports, digests, etc - 1879
...State that private property shall not be taken for public use without just compensation being mode. But acts done in the proper exercise of governmental powers,...directly encroaching upon private property, though their conseFellowes v. City of New Haven. quences may impair its use, are universally held not to be a taking...
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The Supreme Court Reporter, Volume 19

Robert Desty - Law reports, digests, etc - 1899
...decided "that acts done In the proper exercise of governmental power, and not directly encroaching on private property, though their consequences may impair...within the meaning of the constitutional provision." Bemoving any apparent antagonism of this proposition to Pumpelly v. Green Bay Co., 13 Wall. 166, and...
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The Supreme Court Reporter, Volume 8

Law reports, digests, etc - 1888
...Transportation Co. v. Chicago, 99 US 642, was an extreme qualification of the doctrine, universally held, that "acts done in the proper exercise of governmental...directly encroaching upon private property, though these consequences may impair its use," do not constitute a taking within the meaning of the constitutional...
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The Supreme Court Reporter, Volume 8

Law reports, digests, etc - 1888
...Transportation Co. v. Chicago, 99 US 642, was an extreme qualification of the doctrine, universally held, that "acts done in the proper exercise of governmental...directly encroaching upon private property, though these consequences may impair its use," do not constitute a taking within the meaning of the constitutional...
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The Pacific Reporter, Volume 6

Law reports, digests, etc - 1885
...state, that private property shall not be taken for public use without just compensation being made. But acts done in the proper exercise of governmental powers,...consequences may impair its use, are universally held not to bo a taking within the meaning of the constitutional provision. They do not entitle the owner of such...
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West Coast Reporter ...: Containing All the Decisions as Fast as ..., Volume 5

Annotations and citations (Law) - 1885
...state, that private property shall not be taken for public use without just compensation being made. But acts done in the proper exercise of governmental powers,...universally held not to be a taking within the meaning of tho constitutional provision. They do not entitle the owner of such property to compensation from the...
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An Exposition of the Constitution of the United States

Henry Flanders - 1885 - 318 pages
...property. It must be taken only for the public use, and just compensation must be made for it. But acts done in the proper exercise of governmental powers,...though their consequences may impair its use, are held not to be a taking within the meaning of this provision of the Constitution. They do not entitle...
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Atlantic Reporter, Volume 93

Law reports, digests, etc - 1915
...state, that private property shall not be taken for public use without just compensation being made. But acts done in the proper exercise of governmental powers,...within the meaning of the constitutional provision.' And this was affirmed in Chicago v. Taylor, 125 US 161 [8 Sup. Ct. 820, 31 L. Ed. 638]. The constitutional...
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