Darlington v. United States
Supreme Court of Pennsylvania
Error to the Common Pleas, No. 1, of Allegheny county; Of October and November Term 1876. In the court below this was a petition filed April 17th 1874, in the name of “ David Reed, Attorney of the United States,” for the appointment of viewers to appraise property selected as a site for United States government buildings.
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Error to the Common Pleas, No. 1, of Allegheny county; Of October and November Term 1876. In the court below this was a petition filed April 17th 1874, in the name of “ David Reed, Attorney of the United States,” for the appointment of viewers to appraise property selected as a site for United States government buildings. By an Act of Congress, approved March 3d 1873 (17 U. S. St. at Large 621), it was enacted that “ the secretary of the treasury be and he is hereby authorized and directed to purchase at private sale, or if necessary, by condemnation, in pursuance of the statutes of the state…
1Opinion of the CourtJustice Paxson
The right of the United States to take private property for public use is too well settled to be now disputed. Of the numerous cases upon this subject it is sufficient to refer to Kohl v. The United States, which is believed to' be the last, and will be found reported in the American Law Register for September 1876. The opinion of the court was delivered by Mr. Justice Strong, who said: “ The right of eminent domain is inherent in all governments by virtue of their sovereignty. For all purposes- required by the constitution this right exists in the United States independently of any consent…
2Cases cited3 opinions
- Gilmer v. ThrockmortonCalifornia Supreme Court · 1861
- White v. CampbellMichigan Supreme Court · 1872
- Burt v. Merchants' InsuranceMassachusetts Supreme Judicial Court · 1871
3Cited by13 opinions
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Brookbank v. Benedum-Trees Oil Co.Supreme Court of Pennsylvania · 1957
- Seligsohn AppealSupreme Court of Pennsylvania · 1963
- Fishel v. City & County of DenverSupreme Court of Colorado · 1940
- Via v. State Commission on Conservation & DevelopmentDistrict Court, W.D. Virginia · 1935
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