Legal Opinion

Selden v. City of Jacksonville

Supreme Court of Florida

Decided June 15, 1891PublishedCited by 48 opinions

Appeal from the Circuit Court for Duval county. The facts of the case are stated in the opinion of the court.

1Opinion of the Court

Raney, C. J.:

The last clause in the twelfth section of the Declaration of Rights of our Constitution is: “ Nor shall private property be taken without just compensation.” This is not, however, the only provision of that instrument relating to the exercise of the right of eminent domain. There are two sections in the ‘ ‘ Miscellaneous Provisions,” or 16th Article, which read as follows :

Sec. 28. The Legislature may provide for the drainage of the land of one person over or through that of another upon just compensation therefor to the owner of the land over which such drainage is had.

Sec. 29.…

2Cases cited9 opinions

  1. Transportation Co. v. ChicagoSupreme Court of the United States · 1879
  2. Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
  3. Barney v. KeokukSupreme Court of the United States · 1877
  4. The People v. . KerrNew York Court of Appeals · 1863
  5. Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887

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3Cited by48 opinions

  1. Sauer v. City of New YorkSupreme Court of the United States · 1907
  2. Blair v. City of CharlestonWest Virginia Supreme Court · 1896
  3. Liddick v. City of Council BluffsSupreme Court of Iowa · 1942
  4. Palm Beach County v. TesslerSupreme Court of Florida · 1989
  5. Brand v. Multnomah CountyOregon Supreme Court · 1900

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