Private Property And Public Power

Author: Deborah Lynn Becher
Publisher: Oxford University Press, USA
ISBN: 0199322554
Size: 32.77 MB
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In this book, Debbie Becher presents the first comprehensive study of a city's eminent domain acquisitions, exploring how and why the City of Philadelphia took properties between 1992 and 2007 and which takings led to protests.

Private Property And Public Power

Author: Deborah Lynn Becher
Publisher:
ISBN: 9780199394746
Size: 72.15 MB
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This volume explores the legitimacy of government involvement in private economic actions by presenting a study of property takings.

Philadelphia Reports Or Legal Intelligencer Condensed

Author: Henry Edward Wallace
Publisher:
ISBN:
Size: 29.84 MB
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Conceding for the sake of the argument that the act of 1849 when accepted by
the company constituted a contract, it is nevertheless certain that contracts, like
every other species of property, are subject to the right of eminent domain
existing in the several States and must give way before it, and that the exercise of
this power is not in conflict with Art. I., sec. 10, of the Constitution: West ... It is
incident to the sovereignty of every government that it may take private property
for public use.

Corpus Juris Secundum

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ISBN:
Size: 53.54 MB
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outs or turntables,' is a public use. Railroad companies also may condemn lands
when necessary for depots or stations for passengers and freight' or for
convenient places for the storing and repairing of cars and locomotives.'
Branches and spurs. A branch or lateral railroad or spur track which is necessary
to the proper operation of the main line of a railroad' is a public use for which
private property may be taken under the power of eminent domain, even though
such branch or lateral ...

Purdon S Pennsylvania Consolidated Statutes Annotated

Author: Pennsylvania
Publisher:
ISBN:
Size: 67.75 MB
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Pennsylvania, John Purdon. Actual taking occurs when entity having power of
eminent domain physically appropriates possession or use of private property.
German v. City of Philadelphia, 683 A.2d 323, Cmwlth.1996, reargument denied,
appeal denied 700 A.2d 444, 549 Pa. 707. Eminent Domain ...

Atlantic Reporter

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Size: 27.68 MB
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Appeal from court of common pleas, Philadelphia county. The opinion of the court
below, THAYER, J., is as follows: “The right oi eminent domain is the right oi a
sovereign state to take private property for public use, and in order to promote the
general welfare. It is called ' eminent domain' ... If it may seem in one aspect of it
to be a. despotic power, it cannot be denied that it is at the same time a
beneficcnt power, and absolutely essential to the public welfare. Without it a. road
could not ...

United States Code Service Lawyers Edition

Author: United States
Publisher:
ISBN:
Size: 25.47 MB
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Giving specific lessee corporation power oi eminent domain to acquire leased
property was invalid. ... Private property cannot be confiscated by a municipality
or any other corporation under right of eminent domain except for a public
purpose. ... Philadelphia. B. & W. R. Co., 182 Md 336. 35 Atl(2d) 99. Statute
authorizing erection of mill and dam on nonnavigable streams, with provision for
compensalion to persons injured was valid. Dickinson v. New England Power Co
., 257 Mass 108, ...

Atlantic Reporter

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Statutes <S=S4— Special Legislation- Rate of Interest — Constitutionality. Act
June 1, 1915 (P. L 6S5), providing that, where private property is taken for public
use by municipal corporations, damages shall bear interest at 6 per cent, from
date of taking, violates Const, art. 3, § 7, forbidding special Icris- lation fixing the
rate of interest, as it applies to municipalities only, and not to all public and quasi
public corporations vested with power of eminent domain. 3. Eminent Domain <5
=>244 ...

Aviation Cases

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While the power of eminent domain may not be employed for the mere purpose
of diverting the land taken to the private use of another, even though there be
involved in the transaction an incidental benefit to the public, the taking does not
lose ... only when public exigency or necessity requires it, and the use of the
property taken must be a public one, and the determination of what constitutes a
public use presumptively makes the purpose so declared a public use:
Philadelphia Rural ...

The Anti Rent Era In New York Law And Politics 1839 1865

Author: Charles W. McCurdy
Publisher: Univ of North Carolina Press
ISBN: 0807860875
Size: 60.20 MB
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Pennsylvania's constitution did not contain a provision that specifically prohibited
takings for private use; furthermore, it required the payment of just compensation
only when the legislature mandated the expropriation of property for public use. “
It is true.” Gibson said, that ... and the state legislature had often invoked “public
utility” as a justification for delegating the eminent domain power to incorporated
railroad and navigation-improvement companies. “It surely will not be imagined.