York v. Hargadine
Supreme Court of Minnesota
In proceedings in the district court for Hennepin county for the condemnation of a certain building by the state fire marshal, John J. York, as administrator of the estate of William Anheier, deceased, in his answer, among other matters alleged that chapter 36, G. S. 1913, as amended by Laws 1917, p. 803, c. 469, is unconstitutional because it authorizes and directs the taking of property of defendant without due process of law, and for the further reason that said law…
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In proceedings in the district court for Hennepin county for the condemnation of a certain building by the state fire marshal, John J. York, as administrator of the estate of William Anheier, deceased, in his answer, among other matters alleged that chapter 36, G. S. 1913, as amended by Laws 1917, p. 803, c. 469, is unconstitutional because it authorizes and directs the taking of property of defendant without due process of law, and for the further reason that said law authorizes and directs the destruction of private property without just compensation therefor first paid or secured, all in…
1Opinion of the CourtHolt, J.
In virtue of the authority given by chapter 469, p. 803, Laws of 1917 (amending sections 5140-5146, G. S. 1913), the state fire marshal condemned and ordered demolished a wooden building located within the fire limits of the city of Minneapolis and belonging to the estate of William Anheier. Upon a hearing in the district court the order was found reasonable. The administrator of the estate appeals.
The section here assailed as unconstitutional reads: “The state fire marshal may condemn and by order direct the destruction, repair or alteration of any building or structure which by reason of…
2Cases cited2 opinions
- Baumgartner v. HastyIndiana Supreme Court · 1885
- Patterson v. JohnsonIllinois Supreme Court · 1905
3Cited by12 opinions
- State Ex Rel. Brooks v. CookMontana Supreme Court · 1929
- City of Minot v. FreelanderNorth Dakota Supreme Court · 1985
- Jackson v. BellTennessee Supreme Court · 1920
- Pic v. City of GraftonNorth Dakota Supreme Court · 1983
- State v. KellerNebraska Supreme Court · 1922
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