Board of Levee Commissioners v. Dancy
Mississippi Supreme Court
Appeal from the Chancery Court of De Soto County. Hon. J. G-. Hall, Chancellor. lu 1884, the Board of Commissioners of the Yazoo-Mississippi Levee District caused a levee to be constructed across the plantation of Mrs. Kate Dancy, without having compensated her for the land appropriated or having had the .same condemned.
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Appeal from the Chancery Court of De Soto County. Hon. J. G-. Hall, Chancellor. lu 1884, the Board of Commissioners of the Yazoo-Mississippi Levee District caused a levee to be constructed across the plantation of Mrs. Kate Dancy, without having compensated her for the land appropriated or having had the .same condemned. In August, 1886, Mrs. Dancy presented to the clerk of the Chancery Court an application, under Section 3 of the Act of Feb. 28,1884, incorporating the Board of Commissioners of the Yazoo-Mississippi Levee District, for the appointment of three disinterested commissioners to…
1Opinion of the CourtCampbell, J.
In this state “ due compensation first being made ” is a precedent condition of the appropriation of private property for public use, and whatever may be allowable, “ Where the state or any of its sub-divisions is concerned in the appropriation,” as held in Cage v. Trager, 60 Miss., 563, it is not true that the owner may be paid the price of his property by a requirement that he shall initiate proceedings for compensation against a corporation which is not the state or one of its sub-divisions, and against which it is said and truly, no personal judgment can be rendered, but only an award of…
2Cases cited1 opinion
- Cage v. TragerMississippi Supreme Court · 1882
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