City of Cape Girardeau v. Houck
Supreme Court of Missouri
Appeal from Madison Circuit Court. — Hon. James D. Eox, Judge. (1) “The necessity,. expediency, or propriety of exercising the power of eminent domain, and the extent and manner of its exercise, are questions of general public policy and belong to the legislative department of the government. They have nothing to do with the question of what constitutes a public use.”
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Appeal from Madison Circuit Court. — Hon. James D. Eox, Judge. (1) “The necessity,. expediency, or propriety of exercising the power of eminent domain, and the extent and manner of its exercise, are questions of general public policy and belong to the legislative department of the government. They have nothing to do with the question of what constitutes a public use.” Lewis on Eminent Domain, sec. 162; State ex rel. v. Engelmann, 106 Mo. 628; Dickey v. Tunis on, 27 Mo. 373; Uoimty Cou/rtv. Griswold, 58 Mo. 189; City of Kansas v. Baird, 98 Mo. 218; 2 Dillon, Mun. Cor. [4 Ed.], sec. 601. These…
1Opinion of the CourtGantt, P. J.
This is an appeal from the Madison circuit court. On May 4, 1891, the said city commenced a proceeding to condemn an alley nine and one third feet wide through the land of Mrs. Houck lying between Themis and Independence streets in said city. Cape-Girardeau conducts its municipal affairs under a special charter, approved March 29, 1872. Session Laws of Mo. 1872, p. 328.
The petition, omitting caption, is as follows:
“Plaintiff for cause of action says that it is a public municipal corporation established under and by virtue of acts of the general assembly of the state of Missouri, with power…
2Cases cited3 opinions
- Kansas City v. SmartSupreme Court of Missouri · 1895
- City of Kansas v. BairdSupreme Court of Missouri · 1889
- State ex rel. Cape Girardeau v. EngelmannSupreme Court of Missouri · 1891
3Cited by22 opinions
- Bowman v. City of Kansas CitySupreme Court of Missouri · 1950
- State v. WearSupreme Court of Missouri · 1898
- State ex rel. Sullivan v. ReynoldsSupreme Court of Missouri · 1908
- Kansas City v. LiebiSupreme Court of Missouri · 1923
- Forest Coal Co. v. DoolittleWest Virginia Supreme Court · 1903
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