Hurst v. Town of Martinsburg

I cannot agree with my associates in the proposition that a landowner over whose premises an attempt is being made to lay out a highway cannot object to irregularities in the proceedings, if he appears before the supervisors, and, as to that point in this case, dissent. The exercise of the power of eminent domain — the taking of a man’s property without his consent — is against common right, and all acts which relate to or confer the right are to be strictly construed. This rule has often been laid down in this court. And in these days, when there is a growing belief that public as well as…