Peterson v. Smith

*164The opinion of the court was delivered by

Dunbar, C. J.

This case involves the regularity of the proceedings of the county commissioners in changing a county road under the provisions of chap. 19, Laws 1890, and also involves the constitutionality of said act, or a part thereof. The question for our consideration is, is the power to condemn land, conferred by said law above cited, consistent with the provisions of the state constitution? Sec. 16, art. 1 of the constitution provides in positive terms that “no private property shall be taken or damaged for public or private use without just…