Excess Condemnation |
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Common terms and phrases
abutting acquire adequate adjoining amendment American cities amount benefit boulevard building sites City Council City Planning clause commission condemn land condemned in excess conferred connection construction coöperation cost demnation demned dispose easement effective eminent domain erty excess con excess condemnation project excess land exer exercise Fairmount Park feet highway House of Lords increment of value interests land in excess land remnants lease legislature limited London County Council Massachusetts ment method Metropolitan Board municipality nants necessary Northumberland Avenue park parkways Pennsylvania plots policy of excess power of excess private property problem profit property owners proposed provement public authorities public buildings public improvement purchase question real estate reason recoupment remnants of land replotting resale resell restrictions right of eminent scheme secure sell special assessments statute street Supra Supreme Court surplus land taking thoroughfare tion undertaking widening York
Popular passages
Page 51 - And be it enacted, that no party shall at any time be required to sell or convey to the promoters of the undertaking a part only of any house or other building or manufactory if such party be willing and able to sell and convey the whole thereof.
Page 284 - That no man shall be taken or imprisoned, or disseized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers, or the law of the land.
Page 291 - The promotion of the interests of individuals, either in respect of property or business, although it may result incidentally in the advancement of the public welfare; is, in its essential character, a private, and not a public, object.
Page 97 - ... and after the establishment, layout, and completion of such improvements, may convey any such real estate thus acquired and not necessary for such improvements, with reservations concerning the future use and occupation of such real estate, so as to protect such public works and improvements, and their environs, and to preserve the view, appearance, light, air, and usefulness of such public works.
Page 218 - The legislature may by special acts for the purpose of laying out, widening or relocating highways or streets, authorize the taking in fee by the commonwealth, or by a county, city or town, of more land and property than are needed for the actual construction of such highway or street: provided, however, that the land and property authorized to be taken are specified in the act and are no more in extent than would be sufficient for suitable building lots on both sides of such highway or street...
Page 285 - The constitution, by authorizing the appropriation of private property to public use. impliedly declares that for any other use private property shall not be taken from one and applied to the private use of another.
Page 286 - The quantity of the residue of any lot cannot vary the principle. The owner may be very unwilling to part with only a few feet ; and I hold it equally incompetent for the legislature thus to dispose of private property, whether feet or acres are the subject of this assumed power.
Page 37 - Provision shall be made by those regulations — (a) for securing co-operation on the part of the local authority with the owners and other persons interested in the land proposed to be included in the scheme...
Page 117 - After so much of the land and property has been appropriated for such public highway, street, place, park or parkway as is needed therefor, the remainder may be held and improved for any public purpose or purposes, or may be sold or leased for value with or without suitable restrictions, and in case of any such sale or lease the person or persons from whom such remainder was taken shall have the first right to purchase or lease the same upon such terms as the state or city or town is willing to sell...
Page 292 - A<i affirmative answer to this question would make it possible for the city to take the home of a resident near the line of the thoroughfare, or the shop of a humble tradesman, and compel him to give up his property and go elsewhere, for no other reason than that, in the opinion of the authorities of the city, some other use of the land would be more profitable, and therefore would better promote the prosperity of the citizens generally. We know of no case in which the exercise of the right of eminent...