Barr v. Flynn
Missouri Court of Appeals
Appeal from Saline Circuit Court, Hon. John P, Strother, Judge. Statement of case by the court. This is a petition for a private road-way. The petition to the county court is as follows: “Your petitioner states that he is an inhabitant of Saline county, state of Missouri.
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Appeal from Saline Circuit Court, Hon. John P, Strother, Judge. Statement of case by the court. This is a petition for a private road-way. The petition to the county court is as follows: “Your petitioner states that he is an inhabitant of Saline county, state of Missouri. That he is the owner of the following described tracts of land, situated in said county, and upon which he now resides : (Here follows a description of the land). And that no public road passes through or touches said land; and he asks the establishment of a private road, twenty feet in width, from his premises to connect…
1Opinion of the CourtPhilips, P. J.
I. The only question for determination raised on this appeal, is as to the sufficiency of the petition. It is insisted that the county court has no power to condemn private land for a private road, except when it is a private way of necessity. This proposition is correct. Article 2, section 20, of the constitution of 1875, declares: “That no private”property can be taken for private use with or without compensation, unless by the consent of the owner, except for private ways of necessity,” etc. This provision of the constitution is of controlling force, and being the supreme law of the state,…
2Cases cited3 opinions
- State v. RollerSupreme Court of Missouri · 1882
- Colville v. JudySupreme Court of Missouri · 1881
- Smith v. StateSupreme Court of Missouri · 1851
3Cited by1 opinion
- Chandler v. ReadingMissouri Court of Appeals · 1908