Huber v. Steel

The Chancellor.

The Constitution of this State, in Section 8, Article I thereof, provides inter alla as follows:

“ * * * Nor shall any man's property be taken or applied to public use without the consent of his representatives, and without compensation being made.”

In construing exactly similar language in the Constitution of 1831, the Court of Errors and Appeals of this State held in Whiteman's Ex’r. v. W. & S. R. R. Co., 2 Har. 514, 33 Am. Dec. 411, that the term “compensation” did not necessarily mean the intrinsic *305value of the property taken. This was for the reason that, if the act of…