Ruling Case Law: As Developed and Established by the Decisions and Annotations Contained in Lawyers Reports Annotated, American Decisions, American Reports, American State Reports, American and English Annotated Cases, American Annotated Cases, English Ruling Cases, British Ruling Cases, United States Supreme Court Reports, and Other Series of Selected Cases, Band 10

Cover
William Mark McKinney
Edward Thompson Company, 1915
 

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Inhalt

Differing Local Conditions
26
Public Use as Legislative or Judicial Question
27
Number Enjoying Benefit
29
Uses Partly Private 30 Character of Party Taking
30
Public Buildings
31
Public Health and Safety
32
Public Parks and Civic Adornment
36
Service to the Public
38
Public Highways
39
Private Roads
40
Excess Takings
41
Steam Railroads
42
Uses Incidental to Railroads
44
Spur Tracks
46
Navigation Watercourses Landings and Ferria
47
Public Water Supply
48
Artificial Light
49
Creation and Distribution of Power
50
Miscellaneous Public Service
52
Assistance of Private Enterprise
53
Mills Public and Private
54
Mines and Mining
55
Lumbering and Log Driving 50 Drainage of Swamp Lands
57
Private Drainage Acts
58
Irrigation
59
Clearing Doubtful TitleLand Registration
60
What Constitutes a Taking of Property 54 Scope of Restriction 55 Taking under Police Power
61
Seizure and Destruction of Property Generally
64
Taking under Power of Taxation
65
Taking by Eminent Domain Defined
66
Decreasing Importance of Controversy over Meaning of Taken
67
Entry and Occupation without Formal Condemnation
68
Covering Land with Water or Earth
70
Impairment of Enjoyment Smoke Odors Noise and Vibration
71
Cutting off Access Discontinuance of Streets and Park
72
Restrictions
73
Property Defined
74
Franchises
75
Rails Pipes and Wires in Streets
76
Property of Cities and Towns
77
Taking of Riparian Rights 69 Riparian Rights as Property
79
Public and Private Waters
80
Rights in the Upland
81
Public Right of Navigation
82
Right of Access to Water Channel
83
Diversion of Water Doctrine of Prior Appropriation
84
Pollution
85
Wharves Fillings and Dams
86
Riparian Rights of Public
87
Extent of Public EasementAdditional Servitudes 78 In General Limitation of Taking to Easement
88
Additional Servitude Defined
90
Easement of Public Highway
91
Owners Right Subordinate to Public Easement
93
Urban and Rural Servitudes
94
Origin of Abutters Easements
95
Extent of Abutters Easements
96
Change of Grade
97
Lateral Support Slope of Land Surface Water
99
Reservation for Special Forms of Travel Viaducts
100
Steam Railroads as Additional Servitudes
101
Railroads when Fee Is in Public
102
Railroads in Streets Particular Rulings
104
Elevated Railways
105
Subways 93 Street Railways
106
Street Railways Interfering with Access
108
Interurban and Freight Railways
109
Telegraph and Telephone Lines
110
Particular Rulings in Telegraph and Telephone Cases
111
Sewers Water Pipes and Gas Pipes
112
Electric Light Lines
113
Buildings and Other Structures
114
Measure of Damages for Improper Street Uses
115
Elements of Damage for Improper Street Uses
116
Railroad Limited to Easement Right
117
Extent of Railroad Easement
118
Wires and Pipes on Railroad Location 106 Minerals Gravel Trees and Buildings on Railroad Location
119
Valuation of Plant of Public Service Corporation
128
Public Service CorporationTaking of Land and Regulation
129
Opening Street Across Railroad
130
Cost of Constructing Crossings
131
Laying Out Railroad Across Another Public Work
132
Increased or Modified Use of Existing Crossings
133
Telegraph Line Along Railroad Location
134
Damage to Owners Remaining Land
135
Particular Elements of Damage
136
Danger to Life and Property
137
Damage to Other Lands of Same Owner
138
Setoff of Benefits
139
General and Special Benefits Distinguished
140
Setoff from Value of Land Taken
141
Benefits as Payment in Money 143 Setoff against Damages to Remaining Land 144 Interest 1
142
History of Right to Compensation for Direct and Consequential Damage
145
Definition of Damage
146
Physical Injury to LandRiparian Rights
147
Proximity to Unpleasant Public
148
Proximity to Railroad Location
149
Change of Grade of Public
150
Original Establishment of Grade
151
Measure of Damages for Change of Grade
152
Street Railways
153
Steam Railroads in Public Streets
154
Obstruction or Vacation of Public Streets and Grounds
155
Setoff of Benefits
175
Due Process of Law and Other Constitutional Limitations 157 What Property Is Subject to Eminent Domain
180
4
182
Necessity for Taking Ordinarily Not Judicial Question
183
Necessity as Reviewable by Court
184
Constitutional Right of Owner to Notice of Taking
186
Right to Trial by Jury
187
What Constitutes Trial by Jury
188
Mode of Trial When Jury Is Dispensed with
190
Effect of Change in Remedy on Rights of Parties
191
Legislative Control
192
Costs
194
1
195
Strict Construction of Authority
196
Taking of Land Already in Public
198
What Use Protects from Subsequent Taking
201
Navigable Waters and Tide Lands
203
Procedure and Remedies 172 Necessity of Attempt to Purchase 173 Purchase and Condemnation when Owner Is under Disability
204
Condemnation by Resolution 175 Condemnation by Judicial Decree
205
Venue of Proceedings
206
Federal Courts Jurisdiction and Procedure
207
Appeal from Adjudication of Right to Take
208
Formal Defects in Proceedings 180 Collateral Impeachment De Facto Corporations Ulterior Motives
210
Necessity for Appearance and Answer
212
Conduct of Hearing or Trial
213
Time as of Which Damages Are Assessed
214
Right to Compensation as Running with Land
215
Evidence of Value
216
Evidence of Damage
217
Expert and Opinion Evidence
218
Evidence of Price Paid or Offered for Same or Similar Lands
220
Setting Aside Award or Verdict
222
Statutory Remedy Generally
223
Remedy for Negligent and Unnecessary Injury
225
Nonnegligent or Necessary Injury in Absence of Statutory Remedy
227
Injunction against Illegal Taking
228
Waiver of Owners Rights
230
Permanent Damages when Taking Unlawful
232
Liability of Successor of Corporation Inflicting Injury
233
Remedies of Abutter for Improper Use of Street
234
Statutes of Limitation
236
Italics indicule crossreference titles
241
Equity of Redemption
267
Error Writ
577
ESCHEAT
602
ESCROW
620
ESTOPPEL
669
244
1051
Urheberrecht

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Beliebte Passagen

Seite 13 - Constitution which declares- that no person shall be deprived of his life, liberty, or property, without due process of law.
Seite 683 - Coke's definition, like his times, is rough, that an estoppel is where a man is concluded by his own act or acceptance to say the truth...
Seite 316 - Fraud, indeed, in the sense of a court of equity properly includes all acts, omissions and concealments which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another.
Seite 585 - A statement of the acts constituting the offense, in ordinary and concise language, and in such manner as to enable a person of common understanding to know what is intended.
Seite 659 - A condition, followed by a limitation over to a third person in case the condition be not fulfilled, or there be a breach of it, is termed a conditional limitation.
Seite 619 - Where the future delivery is to depend upon the payment of money, or the performance of some other condition, it will be deemed an escrow. Where it is merely to await the lapse of time, or the happening of some contingency, and not the performance of any condition, it will be deemed the grantor's deed presently. Still it will not take effect as a deed, until the second delivery ; but when thus delivered, it will take effect, by relation, from the first delivery.
Seite 382 - A court of equity, which is never active in relief against conscience or public convenience, has always refused its aid to stale demands, where the party has slept upon his right, and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith and reasonable diligence; where these are wanting, the court is passive, and does nothing.
Seite 345 - An equitable lien arises either from a written contract which shows an intention to charge some particular property with a debt or obligation, or is implied and declared by a court of equity out of general considerations of right and justice as applied to the relations of the parties and the circumstances of their dealings.
Seite 64 - ... where real estate is actually invaded by superinduced additions of water, earth, sand, or other material, or by having any artificial structure placed on it, so as to effectually destroy or impair its usefulness, it is a taking, within the meaning of the Constitution...
Seite 401 - The meaning of this rule is that, under ordinary circumstances, a suit in equity will not be stayed for laches before, and will be stayed after the time fixed by the analogous statute of limitations at law; but if unusual conditions or extraordinary circumstances make it inequitable to allow the prosecution of a suit after a briefer, or to forbid its maintenance after a longer, period than that fixed by the statute, the chancellor will not be bound by the statute, but will determine the extraordinary...

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