Ramsey v. Leeper

The rule of “Expressio unius est exclusio alterius” has no proper application to the restrictive proviso contained in section 24, art. 2, Const, of Oklahoma, which prevents the passing of a fee from the landowner in condemnation by common carrier-for right of-way purposes.

If the specifications of the constitutions 1 restriction give rise to a self-enacting provision for the passing of the title to condemnor in all other cases of condemnation, there would be no occasion for examination of mere statutes, nor would it be proper to hold that “the Legislature may determine the title that may be…