Fort Street Union Depot Co. v. Backus
Michigan Supreme Court
Appeal from Wayne. (Gartner, J.) Proceedings to condemn land for union depot purposes, under Act No. 244, Laws of 1881 (How. Stat. chap. 93). Petitioner appeals from an award of $96,143 in favor of respondents. Award set aside, and the question of damages ordered submitted to a new jury, to be impaneled according to the statute before the Wayne circuit court. The facts are stated in the opinion.
1DissentMorse, C. J.
I am well satisfied with the decision of this Court when this case was here before, and with the opinion of Chief Justice Champein, reported in 89 Mich. 209. Any other holding is not only inconsistent with the repeated adjudications of this Court, but contrary to the spirit and purpose of the constitutional provision relating to the taking of private property for the use or benefit of the public.
Hnder section 2, art. 18, of the Constitution, it is evidently contemplated that the necessity for the taking and the just compensation to be awarded are to be found by a jury of 12 freeholders…
2Cases cited8 opinions
- Toledo, Ann Arbor & Grand Trunk Railway Co. v. DunlapMichigan Supreme Court · 1882
- Attorney General v. Board of CouncilmenMichigan Supreme Court · 1885
- Sheldon v. Village of KalamazooMichigan Supreme Court · 1872
- Grand Rapids, Lansing & Detroit Railroad v. ChesebroMichigan Supreme Court · 1889
- Fort-street Union Depot Co. v. JonesMichigan Supreme Court · 1890
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