Anderson v. Pemberton
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hoh. Noah M,. G-ivah, Judge. (1) Private property cannot be taken for public nse 'without just compensation. In so taking it the power must be strictly pursued. Sec. 21, art. 2, Constitution of Mo. ;.Leslie v. City of St. Louis, 47 Mo. 477; Sahaffner v. City of St. Louis, 31 Mo. 272; Whitely v. Platte Co., 73 Mo. 30. (2) The establishment of a road is an entirety, and if void as to one, it is so as to all.
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Appeal from Johnson Circuit Court. — Hoh. Noah M,. G-ivah, Judge. (1) Private property cannot be taken for public nse 'without just compensation. In so taking it the power must be strictly pursued. Sec. 21, art. 2, Constitution of Mo. ;.Leslie v. City of St. Louis, 47 Mo. 477; Sahaffner v. City of St. Louis, 31 Mo. 272; Whitely v. Platte Co., 73 Mo. 30. (2) The establishment of a road is an entirety, and if void as to one, it is so as to all. Brush v. Detroit, 32 Mich. 43. (3) Where no damages have been assessed to One whose land is taken, thq proceeding is void. State r. Runyon, 24 N. J. L.…
1Opinion of the Court
Sherwood, J,
This appeal arises out of proceedings instituted in the county court of Johnson county for the opening of a new road, and those proceedings-were had under the provisions of the act of 1883. Session Acts, 157.
I. Those provisions require that commissioners be-appointed for the assessment <ef damages, and that such commissioners make their report on or before the first day of the next regular term of the county court. Those-provisions also require that should the premises of more than one owner or other person interested be included in the same proceedings or order of court, then the…
2Cases cited8 opinions
- Ells v. Pacific RailroadSupreme Court of Missouri · 1873
- Whitely v. Platte CountySupreme Court of Missouri · 1880
- Leslie v. City of St. LouisSupreme Court of Missouri · 1871
- In re Jefferson County v. CowanSupreme Court of Missouri · 1873
- West v. BundySupreme Court of Missouri · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Chicago, Rock Island & Pacific Railway Co. v. YoungSupreme Court of Missouri · 1888
- Aldridge v. SpearsSupreme Court of Missouri · 1890
- City of St. Louis v. GlasgowSupreme Court of Missouri · 1914
- Seafield v. BohneSupreme Court of Missouri · 1902
- Nishnabotna Drainage District v. CampbellSupreme Court of Missouri · 1900
14 more not listed; retrieve them via the Exa API.