Opening of Gold Street v. Newton
Supreme Court Of The Territory Of Dakota
Appeal from the District Goii/rt of Lawrence County. The facts pertinent to the points decided are stated in the opinion. The power to condemn private property against the will of the owner must be strictly pursued with all constitutional and statutory limitations and directions for its exercise, and the courts will require a strict compliance with all the conditions precedent to the exercise of such a power. (2 Dillon on Mu. Cor., §§ 469-70, and cases cited; Cooley’s Const.
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Appeal from the District Goii/rt of Lawrence County. The facts pertinent to the points decided are stated in the opinion. The power to condemn private property against the will of the owner must be strictly pursued with all constitutional and statutory limitations and directions for its exercise, and the courts will require a strict compliance with all the conditions precedent to the exercise of such a power. (2 Dillon on Mu. Cor., §§ 469-70, and cases cited; Cooley’s Const. Limitations, 530; Cooley’s Const. Limitations, 658, 660.) If the proceedings are defective in respect to jurisdictional…
1Opinion of the CourtMoody, J.
The proceedings coming to this court with the above anomalous title were originally commenced before the board of county commissioners of Lawrence county. These proceedings seems to have been instituted lor the purpose of ascertaining and declaring a street in the town of Deadwood, known as Gold street, to be a public highway, and to direct the removal of obstructions therefrom.
From the order made by the board of county commissioners, the party above named, George H. Newton, conceiving himself aggrieved, appealed to the District Court of Lawrence county. In the District Court the cause was…
2Cited by5 opinions
- Shaw v. Burleigh CountyNorth Dakota Supreme Court · 1979
- Olson v. Cass CountyNorth Dakota Supreme Court · 1977
- Berger v. County of MortonNorth Dakota Supreme Court · 1979
- Redfield School District No. 12 v. Redfield Independent School District No. 20South Dakota Supreme Court · 1901
- Fargo v. PalmerSupreme Court Of The Territory Of Dakota · 1886