Kohl v. United States
Supreme Court of the United States
Error to the Circuit Court of the United States for the Southern District of Ohio. This was a proceeding instituted by the United States to appropriate a parcel of land in the city of Cincinnati as a site for a post-office and other, public uses. The plaintiffs in error owned a perpetual leasehold estate in a portion of the property sought to be appropriated. They moved to dismiss the proceeding on the ground of want of jurisdiction ; which motion was overruled.
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Error to the Circuit Court of the United States for the Southern District of Ohio. This was a proceeding instituted by the United States to appropriate a parcel of land in the city of Cincinnati as a site for a post-office and other, public uses. The plaintiffs in error owned a perpetual leasehold estate in a portion of the property sought to be appropriated. They moved to dismiss the proceeding on the ground of want of jurisdiction ; which motion was overruled. They then demanded a separate trial of the value of their estate in the property; which demand the court- also overruled. To these…
1Opinion of the CourtJustice Strong
It has not been seriously contended during the argument that the United States government is without power -to appropriate lands or other property within the States for its own uses, and to enable it to perform its proper functions. Such an authority is essential to its independent existence and perpetuity. These cannot be preserved if the obstinacy of a private person, or if any other authority, can prevent the acquisition of the means or instruments by which alone governmental functions can be performed. The powers vested by, the Constitution in the general government demand for their…
2Cases cited7 opinions
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- People ex rel. Trombley v. HumphreyMichigan Supreme Court · 1871
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