Texas Constitution:Article I, Section 17: Difference between revisions

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Texas Constitution:Article I, Section 17 (view source)

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* ''City of Houston v. Houston City St. Ry. Co.'', 19 S.W. 127, [https://texaslegalguide.com/images/Vol_019_SWR_127.pdf#page=5 131] (Tex. 1892) ("[T]his particular clause of the constitution was intended to prohibit the legislature from granting any 'special privilege or immunity' in such way, or of such character, as that it could not be subsequently annulled or declared forfeited for such causes as might be defined by the law, or condemned in the exercise of eminent domain [] and it was further intended that 'all privileges and franchises' granted by the legislature, or under its authority, should at all times remain subject to legislative control and regulation.")
* ''City of Houston v. Houston City St. Ry. Co.'', 19 S.W. 127, [https://texaslegalguide.com/images/Vol_019_SWR_127.pdf#page=5 131] (Tex. 1892) ("[T]his particular clause of the constitution was intended to prohibit the legislature from granting any 'special privilege or immunity' in such way, or of such character, as that it could not be subsequently annulled or declared forfeited for such causes as might be defined by the law, or condemned in the exercise of eminent domain [] and it was further intended that 'all privileges and franchises' granted by the legislature, or under its authority, should at all times remain subject to legislative control and regulation.")


* ''Keller v. City of Corpus Christi'', 50 Tex. 614, [https://texaslegalguide.com/images/50_Tex._614.pdf#page=14 627-28] (1879) ("This provision as to the deposit of money in advance, was evidently intended more particularly to provide speedy adequate compensation for property taken in the exercise of the sovereign right of eminent domain, rendered more frequent by the rapidly-increasing demand for railroads and . . . . There is, however, a distinction between the exercise of the right of eminent domain, and that of a police regulation to meet an impending peril, by the destruction of an adjacent building to prevent the spread of fire.")
* ''Keller v. City of Corpus Christi'', 50 Tex. 614, [https://texaslegalguide.com/images/050_Tex_614.pdf#page=14 627-28] (1879) ("This provision as to the deposit of money in advance, was evidently intended more particularly to provide speedy adequate compensation for property taken in the exercise of the sovereign right of eminent domain, rendered more frequent by the rapidly-increasing demand for railroads and . . . . There is, however, a distinction between the exercise of the right of eminent domain, and that of a police regulation to meet an impending peril, by the destruction of an adjacent building to prevent the spread of fire.")


* ''Buffalo Bayou, B. & C.R. Co. v. Ferris'', 26 Tex. 588, [https://texaslegalguide.com/images/026_Tex_588.pdf#page=11 598] (1863) ("It cannot be questioned that a railroad for general travel, or the transportation of produce for the country at large, is a 'public use,' for the construction of which private property may be taken or applied upon adequate compensation for it being made. That the road for the construction of which the property when taken is to be applied is a corporation of private individuals to whose benefit the profits of the road, when complete, will alone accrue, furnishes no valid objection to such appropriation of private property.")
* ''Buffalo Bayou, B. & C.R. Co. v. Ferris'', 26 Tex. 588, [https://texaslegalguide.com/images/026_Tex_588.pdf#page=11 598] (1863) ("It cannot be questioned that a railroad for general travel, or the transportation of produce for the country at large, is a 'public use,' for the construction of which private property may be taken or applied upon adequate compensation for it being made. That the road for the construction of which the property when taken is to be applied is a corporation of private individuals to whose benefit the profits of the road, when complete, will alone accrue, furnishes no valid objection to such appropriation of private property.")
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