Steele v. County Commissioners
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speake. In the matter of proceedings instituted by J. S. Steele, by petition addressed to the County Commissioners Court, asking the establishment of a private road from his own land, through lands belonging to A. W. Crowson, into the public road.
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Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speake. In the matter of proceedings instituted by J. S. Steele, by petition addressed to the County Commissioners Court, asking the establishment of a private road from his own land, through lands belonging to A. W. Crowson, into the public road. On the filing and hearing of the petition, the court appointed viewers to examine the lands, and report on the proposed road; but, on the final hearing, the commissioners having reported on the practicability of the proposed road, &c., the court dismissed the petition, on the…
1Opinion of the CourtClopton, J.
— Tbe material question presented by tbe record involves tbe constitutionality of sections 1676 and 1677 of Code of 1876, wbicb provide for and regulate tbe establishment of private roads.
Tbe right of eminent domain antedates constitutions, and is an incident of sovereignty, inherent in, and belonging to every sovereign State. Tbe only qualification of tbe right is, that tbe use for wbicb private property may be taken shall be public. Section 13 of tbe Declaration of Bights in tbe constitution of 1819 declared: “Nor shall any person’s property be taken or applied to public use, unless just…
2Cases cited7 opinions
- Sadler v. LanghamSupreme Court of Alabama · 1859
- Commissioners Court v. HearneSupreme Court of Alabama · 1877
- Ex parte LoweSupreme Court of Alabama · 1852
- Ex parte CresswellSupreme Court of Alabama · 1877
- Long v. Commissioners' CourtSupreme Court of Alabama · 1850
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Beeland Wholesale Co. v. KaufmanSupreme Court of Alabama · 1937
- State v. Superior CourtWashington Supreme Court · 1914
- Alabama Interstate Power Co. v. Mt. Vernon-Woodberry Cotton Duck Co.Supreme Court of Alabama · 1913
- Johnston v. Alabama Public Service CommissionSupreme Court of Alabama · 1971
- State Ex Rel. Garrow v. GraysonSupreme Court of Alabama · 1929
21 more not listed; retrieve them via the Exa API.