Carrico v. Colvin
Court of Appeals of Kentucky
Case 67 — APPEAL TO CIRCUIT COURT APPEAL FROM HARDIN CIRCUIT COURT. 1. Private property can not be taken for public use without compensation first paid. An agreement to pay does not comply with the constitutional requirement. (Gashweller v. Mcllvoy, 1 Mar., 86; Covington, &c., R. R. Co. v. Piel, 10 Ky.
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Case 67 — APPEAL TO CIRCUIT COURT APPEAL FROM HARDIN CIRCUIT COURT. 1. Private property can not be taken for public use without compensation first paid. An agreement to pay does not comply with the constitutional requirement. (Gashweller v. Mcllvoy, 1 Mar., 86; Covington, &c., R. R. Co. v. Piel, 10 Ky. Law Rep., 146; Constitution of Ky., secs. 11,14, 16; Cooley’s Constitutional Limitations, pp. 560, 561; 1 Blackstone, p. 139; Gordon v. Newberry, 2 Johnson’s Ch., 101; Mills on Eminent Domain, sec. 124; Brady v. Bronston, 45 Cal., 642; Murphy v. Digroot, 44 Cal., 51; Grigsby v. Burnett, 31…
1Opinion of the Court
JUDGE BESTNETT
delivered the opinion oe the court.
Appellees applied to the Hardin County Court to open a public road over the land of the appellant in a certain part of Hardin county. The viewers’ report, recommending the opening of the road, was adopted by the county court, and the verdict of the jury assessing the damage to appellant’s land was sustained and judgment was rendered establishing the road and ordering the same to be opened and allowing the appellant the damage assessed by the jury. An appeal was. taken to the circuit court from that judgment, which was affirmed. The appellant…
2Cases cited2 opinions
- Covington Short-Route Transfer Railway Co. v. PielCourt of Appeals of Kentucky · 1888
- Gashweller's heirs v. M'IlvoyCourt of Appeals of Kentucky · 1817
3Cited by6 opinions
- Williams v. WeddingCourt of Appeals of Kentucky · 1915
- Kentucky State Park Commission v. WilderCourt of Appeals of Kentucky (pre-1976) · 1935
- Potter v. WallaceCourt of Appeals of Kentucky · 1919
- Stathers v. Garrard County Board of EducationCourt of Appeals of Kentucky · 2012
- Long Fork Railway Co. v. SizemoreCourt of Appeals of Kentucky · 1919
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