Commissioners of State Park v. Henry
Supreme Court of Minnesota
Pursuant to Laws 1885, c. 129, providing for the selection and appropriation of lands in Hennepin county for a State Park, the commissioners appointed by the governor to make such selection proceeded to do so, the tract selected including the Falls of MinnehahaOn their application the district court for Hennepin county appointed three appraisers of the land selected, who, after qualifying and giving the notice prescribed in the act, met and examined the lands, heard the…
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Pursuant to Laws 1885, c. 129, providing for the selection and appropriation of lands in Hennepin county for a State Park, the commissioners appointed by the governor to make such selection proceeded to do so, the tract selected including the Falls of MinnehahaOn their application the district court for Hennepin county appointed three appraisers of the land selected, who, after qualifying and giving the notice prescribed in the act, met and examined the lands, heard the evidence offered by interested persons, appraised each parcel and tract and ascertained the compensation to be paid for it,…
1Opinion of the CourtVanderburgh, J.
This is a proceeding by the state to appropriate lands for a public park. We do not understand that the authority of the state to make such appropriation in the exercise of the power of •eminent domain is questioned, or that the plan adopted for ascertaining the compensation to be paid to the land-owners is attacked by the appellants. Private property is held subject to the control of dhe sovereign power of the state, exercised through the legislature, for public uses; and the land-owner’s rights and interests are subordinate to this authority, and he must necessarily submit to the…
2Cases cited5 opinions
- Warren v. First Division of St. Paul & Pacific RailroadSupreme Court of Minnesota · 1875
- City of Minneapolis v. WilkinSupreme Court of Minnesota · 1883
- State v. MessengerSupreme Court of Minnesota · 1880
- Hamersley v. . Mayor, Etc., of N.Y. CityNew York Court of Appeals · 1874
- State ex rel. Secombe v. Board of Park CommissionersSupreme Court of Minnesota · 1885
3Cited by18 opinions
- Sisson v. Board of SupervisorsSupreme Court of Iowa · 1905
- State ex rel. Smith v. Van ReedSupreme Court of Minnesota · 1914
- Haig v. Wateree Power Co.Supreme Court of South Carolina · 1922
- Ford Motor Co. v. City of MinneapolisSupreme Court of Minnesota · 1919
- City of Memphis v. HastingsTennessee Supreme Court · 1904
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