The Law of Eminent Domain: A Treatise on the Principles which Affect the Taking of Property for the Public Use, Volume 1

Philip Nichols

M. Bender, 1917 - Eminent domain - 1577 pages

Contents

• PAGE: xxix
• Arkansas: xxxiii
• West Virginia 814: xcv
• THE ORIGIN OF THE POWER AND THE CAUSES OF ITS GRADUAL SUBORDINA: 1
• The growth of the conception that damage from public: 13
• The right to a hearing upon the question of damages 905: 17
• PROCEDURE: 21
• Petition for condemnation by judicial proceedings 1064: 25
• of the people: 28
• California: 45
• V: 48
• Eminent Domain is an attribute of sovereignty and even: 58
• The power to authorize the exercise of Eminent Domain: 63
• Nature of the title created by Eminent Domain whether: 70
• CHAPTER III: 80
• Connecticut: 82
• attempted exercise of eminent domain: 90
• Taking by a state of property within the control or juris: 98
• AUTHORITY TO EXERCISE EMINENT DOMAIN: 105
• 34 Taking of property for the use of the United States: 106
• Taking of the property of a state by authority of: 112
• Disposal of surplus for private: 114
• 38 Provisions of the state constitutions extending the uses: 122
• Difficulty in defining Public Use: 128
• The true meaning of Public Use: 140
• Uses neither public nor private: 151
• Parks: 164
• Public highways: 172
• Grant of authority 981: 177
• Purposes incidental to public ways: 177
• Uses incidental to the construction and operation of rail: 188
• Defenses investigating membership and impugning: 193
• Street railways: 197
• Artificial light: 204
• Public education schools colleges and libraries: 211
• CHAPTER VI: 217
• The Mill Acts: 224
• Mills the Massachusetts doctrine: 228
• Private roads: 234
• Drainage of swamps and lowlands: 237
• Drainage of swamps to abate a nuisance: 238
• Compulsory joint drainage under the police power: 240
• Reclamation of wet land as a public use: 242
• Levees and sea walls: 246
• Irrigation of arid lands: 247
• Mines and mining: 252
• Lumbering and log driving: 257
• Clearing a doubtful title: 259
• CHAPTER VII: 260
• Scope of the prohibition against taking without compen sation: 261
• Taking of property at time of war or other calamity: 263
• Taking under the power of taxation: 265
• The requirement of personal services: 270
• Taking of property under the police power regulations affecting the public health morals or safety: 271
• Police regulations not affecting the public health morals or safety: 275
• Regulations which are really the taking of an easement: 277
• by Eminent Domain: 279
• Actual appropriation a taking even if for public health morals or safety: 282
• Fines and forfeitures: 283
• Destruction of property to abate a nuisance: 284
• Legislation aimed to prevent the tieing up of productive property: 288
• Subjection to police regulations as result of a taking: 290
• Taking by Eminent Domain defined: 291
• Damaging property not necessarily a taking: 293
• The application of the doctrine of respondeat superior: 295
• The fallacy of the argument that a damaging is a taking: 297
• The question whether a damaging is a taking no longer open: 304
• Erection of permanent structures upon private land without formal condemnation: 307
• Entry for a temporary purpose: 309
• The differences between the English and the Massachu: 310
• Covering land with earth sewage or water: 311
• Deprivation of access discontinuance of streets and other public works: 319
• Discontinuance or change of use when betterments have been assessed: 327
• Authorization of nuisances: 334
• CHAPTER VIII: 336
• Estates successive in time leasehold interests: 337
• Interests in real estate not successive in time: 343
• Easements and profits: 346
• Measure of damages when one railroad is laid out across: 350
• Liens and mortgages: 353
• Franchises: 357
• Goodwill: 366
• Knowledge labor and offices: 368
• Property of public service corporations: 370
• Rails pipes and wires in public highways: 373
• Rights in existing crossings: 384
• Property of charitable corporations: 389
• Twofold character of municipal corporations: 390
• Property of municipal corporations streets: 394
• Effect of insufficiency of description: 395
• Property of municipal corporations other than streets: 398
• Description when water rights are taken: 400
• CHAPTER IX: 404
• Service of process: 405
• The distinction between public and private waters: 407
• Streams and bodies of water classified: 411
• Public waters are held by the state in trust for the people: 413
• The public rights do not extend above high water mark: 415
• When the right to discontinue the proceedings expires 1096: 418
• The public right of navigation: 419
• Appeal on questions of law to court of last resort: 423
• The right of access to the channel: 424
• Limitations upon the right of access: 427
• Riparian owners other rights: 430
• Diversion of water: 432
• Right of jury to use its own knowledge: 433
• The doctrine of prior appropriation: 436
• Riparian rights of a municipal corporation: 438
• Owner at the time of the taking entitled to the compen: 439
• Pollution by a municipal sewer system: 441
• Evidence of value: 445
• Prohibition of the exercise of the riparian right of rea sonable pollution: 448
• Opinion of value must relate to the date of the taking: 451
• Wharves and wharfage rights: 453
• The degree of similarity and of proximity in place: 457
• CHAPTER X: 460
• The public ordinarily holds an easement only: 461
• What is meant by additional servitude: 463
• Exercise of the public easement causing direct injury outside the limits of the land taken: 465
• Limitation of the use of adjacent land by the establish ment of the public easement: 468
• A highway an easement: 469
• Urban and rural servitudes: 474
• Right of the owner of the fee to make use of the space within the limits of a highway: 476
• Ownership of the earth and minerals within the limits of a highway: 483
• Ownership of the trees and herbage in a public highway: 485
• Rights of the abutter when the fee is in the public: 488
• Origin of the doctrine of the abutters easements: 491
• Nature and extent of the abutters easements: 503
• Change of grade of a public highway: 507
• Extent of the right of the public to change the grade of a public way without compensation to the owners of abutting property: 513
• The right of the public to reserve the whole or part of a highway for special forms of travel: 517
• Structures obstructing the highway the ultimate object of which is to make general travel more convenient: 518
• CHAPTER XI: 520
• Steam railroads in public highways: 522
• Steam railroads in public highways miscellaneous points: 531
• Steam railroads crossing public highways: 534
• Street railways of the earlier types: 536
• Electric street railways: 540
• Street railways in country roads: 544
• Interurban electric railways: 545
• Street railways carrying merchandise: 548
• Projecting rails and reserved spaces: 550
• Street railways viaducts feed wires increased traffic change of system: 552
• Special damage to adjoining premises: 553
• The New York elevated railway cases: 557
• Elevated railways in other jurisdictions: 561
• Subways: 564
• Subterranean pipes: 569
• Sewers and drains: 570
• Water pipes and gas pipes: 572
• Overhead wires: 575
• Telegraph and telephone lines: 576
• Electric light lines: 582
• Buildings and other structures in public highways: 585
• Exercise of the highway easement causing direct injury to land outside the limits of the way: 589
• The measure of damages for an additional servitude: 591
• Elements of damage in the case of an additional servitude: 594
• CHAPTER XII: 599
• Change of grade additional tracks: 602
• Buildings and other structures upon railroad locations: 604
• The ownership of timber materials and minerals upon a railroad location: 608
• Exercise of the railroad easement causing direct injury to land outside the limits of the railroad location: 610
• Canals and turnpikes: 612
• Telegraph lines: 613
• Drains and sewers: 614
• Public water supply: 615
• Parks public buildings and other public uses: 617
• Change of the public easement: 618
• CHAPTER XIII: 621
• Compensation must be in money 625: 625
• The right to compensation must be unconditional: 627
• Effect of failure to provide compensation: 628
• Just compensation is what the owner has lost not what the condemning party has gained: 630
• Compensation need not be paid in advance: 631
• THE ASSESSMENT OF DAMAGES: 632
• When property is taken by the public: 635
• When property is taken by a private corporation: 638
• Special constitutional provisions: 639
• Application of the special constitutional provisions: 642
• Compensation in advance not required when no prop erty is taken: 645
• Possibility of denial of liability: 648
• Interest: 649
• CHAPTER XIV: 658
• Ascertainment of the market value of real estate: 663
• Market value is based on the most advantageous use of the property: 665
• Special availability for public use as an element of value: 671
• Appreciation in value from the improvement itself: 675
• Compensation when the property is not marketable: 677
• Valuation of the plant of a public service corporation: 679
• Effect of impending destruction upon market value: 688
• Vegetable growth and mineral deposits: 692
• Buildings upon land taken for public use: 693
• Fixtures and personal property: 696
• Destruction of business conducted upon the land taken: 698
• Improvements made by condemnor prior to a valid taking: 701
• DUE PROCESS OF: 703
• Effect of diversity of interests upon the total com pensation: 707
• Leased property rights of landlord and tenant against each other: 710
• Measure of tenants compensation: 714
• Buildings and fixtures upon leased land: 716
• Mutual restrictions: 719

Bibliographic information

• Title: The Law of Eminent Domain: A Treatise on the Principles which Affect the Taking of Property for the Public Use, Volume 1; Volume 1 of The Law of Eminent Domain, Philip Nichols; The Law of Eminent Domain: A Treatise on the Principles which Affect the Taking of Property for the Public Use, Philip Nichols
• Author: Philip Nichols
• Edition: 2
• Publisher: M. Bender, 1917
• Length: 1577 pages