Harness v. Chesapeake & Ohio Canal Co.
High Court of Chancery of Maryland
[On the 4th June, 1838, a previous inquisition having been set aside by Alleghany County Court, a new jury met and proceeded to condemn the lands of the complainants, for the use of the Chesapeake and Ohio Canal Company, one of the defendants in this cause. By their inquisition, which was affirmed by the court of said county, on the 8th of October following, the sum of $13,256 was awarded to the complainants, as damages for the lands so condemned.
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[On the 4th June, 1838, a previous inquisition having been set aside by Alleghany County Court, a new jury met and proceeded to condemn the lands of the complainants, for the use of the Chesapeake and Ohio Canal Company, one of the defendants in this cause. By their inquisition, which was affirmed by the court of said county, on the 8th of October following, the sum of $13,256 was awarded to the complainants, as damages for the lands so condemned. Shortly after the ratification of this inquisition, the company commenced operations upon the condemned lands, making some excavations upon the…
1Opinion of the Court
The Chancellor :
Though respectable authorities may be found for the principle, that the right of eminent domain inherent in the sovereign power, authorizes the government to take and appropriate private property for public uses, without making compensation to the owner, unless there is some provision in the constitution restrictive of the power, I am fully persuaded, that no such principle can be maintained in this state. The decisions of the court of last resort here, as I understand them, clearly forbid the exercise of any such power.
In commenting upon the act of 1825, chapter 190, which…
2Cases cited5 opinions
- Fulton Bank v. New-York & Sharon Canal Co.New York Court of Chancery · 1833
- Chesapeake & Ohio Canal Co. v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1832
- Regents of the University of Maryland v. WilliamsCourt of Appeals of Maryland · 1838
- Glenn v. SmithCourt of Appeals of Maryland · 1830
- Patapsco Insurance v. SmithCourt of Appeals of Maryland · 1824
3Cited by7 opinions
- Suter v. StuckeyCourt of Appeals of Maryland · 2007
- Lake Erie & Western Railway Co. v. KinseyIndiana Supreme Court · 1882
- Walker v. Acting DirectorCourt of Appeals of Maryland · 1979
- Evans v. Missouri, Iowa & Nebraska Railway Co.Supreme Court of Missouri · 1877
- Leonard v. EarleCourt of Appeals of Maryland · 1928
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