Legal Principles of Public Health Administration

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The right to inspect may be reserved as a condition in granting a license. The constitutional aspect of inspection is, however, different where it is extended to interior arrangements of private houses, or personal property kept therein in private custody. It appears that health authorities often claim the right to enter private houses, to inspect sanitary arrange- ments, in some cases by express legal authority."''* It is competent for the state to provide for inspection to ascertain if nuisan...ce exists, and even to provide that TiFrennd, Police Power, 47; also, Cbapin Municipal Sanitation, 112.
600 PUBLIC HEALTH ADMINISTRATION the reasonable cost of such, inspection shall be paid by the property owner.^^ The inspector has an unques- tioned right, under such circumstances, to enter the premises.^* But the law will not allow the right of prop- erty to be invaded under the guise of a police regula- tion for the preservation of health when it is manifest that such is not the real purpose of the regulation.''* While this abstract right of entrance may be unques- tioned, the right of entrance at unusual hours would be deemed unreasonable except in extreme emergen- cies.


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