State ex rel. Hill v. Pettingill
Supreme Court of Missouri
Prohibition. (1) The right to condemn real estate must be strictly-construed and the right of the citizen sacredly preserved under the constitution, and laws of the State, City of Tarkio v. Clark, 186 Mo. 285; Orrick School District v. Dorton, 125 Mo. 444; Railroad v. Schweitzer, 243 Mo. 122,1. c. 126. (2) Section 52 of the drainage act and Section 47 of the levee act, contain the words “may elect,” with reference to the organization specified in the act.
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Prohibition. (1) The right to condemn real estate must be strictly-construed and the right of the citizen sacredly preserved under the constitution, and laws of the State, City of Tarkio v. Clark, 186 Mo. 285; Orrick School District v. Dorton, 125 Mo. 444; Railroad v. Schweitzer, 243 Mo. 122,1. c. 126. (2) Section 52 of the drainage act and Section 47 of the levee act, contain the words “may elect,” with reference to the organization specified in the act. These words as used in this connection are mandatory and not directory. They provide the only authority for the district to avail itself of…
1Opinion of the CourtBlair, J.
The Des Moines & Mississippi Levee District No. 1 was proceeding to condemn and appropriate lands of Ellen Hill and others for the purpose of draining swamp and wet lands within the district when application was made for a rule in prohibition to restrain the judge of the Clark Circuit Court from further action in the premises. Mrs. Hill, the original relator, has died and her heirs have been substituted as parties.
The levee district was organized December 28, 1903, under Article 7, Chapter 122, Revised Statutes 1899. The return admits that the district “has never reorganized under Sections…
2Cited by2 opinions
- State Ex Rel. Chamberlin v. Grand River Drainage DistrictSupreme Court of Missouri · 1925
- State Ex Rel. Harrison v. HillMissouri Court of Appeals · 1923