Legal Opinion

Spafford v. Brevard County, Florida

Supreme Court of Florida

Decided August 11, 1926Published

1Opinion

Section 29, Article XVI of the State Constitution mandatorily applies when private property is appropriated to the use of any corporation or individual;" and even if a corporation that is created and used as a State agency, is not subject to that organic section, when a delegated right of eminent domain is exercised by it, such corporate State agency is subject to the dominant organic provisions requiring due process of law and just compensation in appropriating private property to the use of highways or other public purposes under the law. Sec. 12, Declaration of Rights. Even if the owner is…

2Cases cited6 opinions

  1. Boom Co. v. PattersonSupreme Court of the United States · 1879
  2. Hairston v. Danville & Western Railway Co.Supreme Court of the United States · 1908
  3. B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
  4. Sears v. City of AkronSupreme Court of the United States · 1918
  5. State ex rel. Moody v. BakerSupreme Court of Florida · 1884

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