Cases On Constitutional Law With Notes volume 3

Cover Cases On Constitutional Law With Notes volume 3
Cases On Constitutional Law With Notes volume 3
James Bradley Thayer
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' And in People v. Hayden, G Hill, - - t, 359, 361, Chief Justice Nelson said: ' Although it may not be neces- vA^"-~^ sary, within the constitutional provision, that the amount of compen- J-ry Ctu sation should be actually ascertained and paid before property is '^, .
thus taken, it is, I apprehend, the settled doctrine, even as it respects the State itself, that, at least, certain and ample provision must be first made b}' law (except in cases of public emergency), so that the owner -r can c
...oerce payment through the judicial tribunals or otherwise, without Qt^^^ any unreasonable or unnecessary delay. ' See also Mexford v. Knight, J rj^juJi/Jfi^'^ 1 Kernan, 308, 314 ; Chapman v. Gates, 54 N. Y. 132, 146. , -^^-^^0 " Statutes taking private property for a public highway, and provid- ^Lsu^-^iKA ^^^^ ing for the ascertaining of the damages, and for payment thereof out /rJhu^ of the treasury of the count}', town, or city, have often been held to be \1 constitutional. Haverhill Bridge v.

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