City of St. Joseph v. Crowther
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The act of the legislature, under which this proceeding was had, is unconstitutional in that it violates section 21 of the bill of rights, which provides that: “Private property shall not be taken or damaged for public use without just compensation.”
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Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The act of the legislature, under which this proceeding was had, is unconstitutional in that it violates section 21 of the bill of rights, which provides that: “Private property shall not be taken or damaged for public use without just compensation.” Acts 1893, p. 62, secs. 5 and 10. We contend that the act of 1893, supra, is unconstitutional because it provides only for the payment of the damages resulting to property not taken and authorizes the city to proceed with the improvements without payment to.the property owner of…
1Opinion of the CourtGantt, P. J.
This is an appeal from a judgment of the circuit court of Buchanan county in a condemnation proceeding prosecuted by the city of St. Joseph for the extension of Tenth street in said city through the lands of E. C. Zimmerman. The ordinance appropriating the property for public use and defining the benefit district and the petition of the city praying for the appointment of commissioners to assess damages and benefits are conceded to be sufficient.
The appellant Zimmerman is the owner of a tract of land fronting four hundred and forty feet on Atchison street with a depth varying from seventy-six…
2Cited by6 opinions
- Sisson v. Board of SupervisorsSupreme Court of Iowa · 1905
- St. Joseph v. GeiwitzSupreme Court of Missouri · 1899
- City of Springfield v. OwenSupreme Court of Missouri · 1914
- State Ex Rel. McKee v. ClementsSupreme Court of Missouri · 1920
- Shelby County Railway Co. v. CrawfordSupreme Court of Missouri · 1911
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