State v. City of Perth Amboy
Supreme Court of New Jersey
On certiorari. By an ordinance approved March 4th, 1889, the city of Perth Amboy laid out, opened and extended Rector street from its present end or termination through the property of the prosecutrix, and determined to take the land and real estate necessary for the purpose of said extension in conformity with the city charter.
Read the full summary
On certiorari. By an ordinance approved March 4th, 1889, the city of Perth Amboy laid out, opened and extended Rector street from its present end or termination through the property of the prosecutrix, and determined to take the land and real estate necessary for the purpose of said extension in conformity with the city charter. The following is a copy of the ordinance in question: Be it ordained by the Oity of Perth Amboy: Sec. 1. That Rector street shall be laid out, opened and ■extended from its present end or termination southerly to the northerly line of Lewis street, and to intersect…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
The ordinance brought up by this writ is-nugatory if the charter of the city of Perth Amboy contains no provision by which private lands can be taken for public-use by the proceedings in question.
The sovereign power of compelling an owner to part with the title to his lands is coupled with the correlative duty of providing for the payment of the compulsory purchase.
By the constitution of this state a distinction is made between those- cases in which property is taken directly by the-state, as by a municipal corporation by state authority,…
2Cited by2 opinions
- Paterson, Newark & New York Railroad v. Town Council of NutleySupreme Court of New Jersey · 1905
- State v. Long Branch CommissionersSupreme Court of New Jersey · 1892