Pool v. . Trexler
Supreme Court of North Carolina
Braining Wet Lands — Constitutionality of Aet. This was a PROCEEDING under the Act concerning “Draining Wet Lands” (Bat. Rev. ch. 39.) heard at Pali Term,. 1876, of Rowan Superior Court, before Cloud, J. The action was instituted before the County Commissioners and brought by appeal to the Superior Court.
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Braining Wet Lands — Constitutionality of Aet. This was a PROCEEDING under the Act concerning “Draining Wet Lands” (Bat. Rev. ch. 39.) heard at Pali Term,. 1876, of Rowan Superior Court, before Cloud, J. The action was instituted before the County Commissioners and brought by appeal to the Superior Court. The defendant insisted that said Aet authorizing the assessment, &c. was unconstitutional, in that; private property was taken for private uses without compensation to the owner thereof. His Honor sustained the position taken by defendant and gave judgment accordingly. Appeal by plaintiff.
1Opinion of the CourtPearson, C. J.
Every citizen holds his land subservient' to such “police regulations” as the General Assembly may in its wisdom enact in order to promote the general welfare. Brown v. Keener, 74 N. C. 714.
I take this proposition to be settled and will not attempt to make “a rehash” of the cases set out by Cooley, ch. 16,. “Constitutional Limitations.”
If the General Assembly has power to make regulations for draining a swamp containing 10,000 acres it has the same power in regard to a swamp containing 1,000 acres. So of 100 acres, so of 1 acre.
There is no distinction in the principle; the only differ•ence is…
2Cases cited1 opinion
- Brown v. . KeenerSupreme Court of North Carolina · 1876
3Cited by8 opinions
- Durham v. Cotton Mills.Supreme Court of North Carolina · 1906
- Sanderlin v. LukenSupreme Court of North Carolina · 1910
- Hopkins v. City of RichmondSupreme Court of Virginia · 1915
- Sanderlin v. . LukenSupreme Court of North Carolina · 1910
- Winslow v. . WinslowSupreme Court of North Carolina · 1886
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