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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* ''Travis County v. Trogden'', 31 S.W. 358, [https://texaslegalguide.com/images/Vol_031_SWR_358.pdf#page=2 359] (Tex. 1895) ("In order to make such guaranty perfect, it was provided in 1876 that 'such compensation shall be first made, or secured by a deposit of money.' The evil, however, did not exist in that class of cases where the right of eminent domain had been exercised in behalf of the state, whether directly, in its own name, or through one of its counties; for the state has control of its own finances and those of its governmental subdivisions . . . and the presumption must have been indulged that the state would deal justly with its citizens.")
* ''Travis County v. Trogden'', 31 S.W. 358, [https://texaslegalguide.com/images/Vol_031_SWR_358.pdf#page=2 359] (Tex. 1895) ("In order to make such guaranty perfect, it was provided in 1876 that 'such compensation shall be first made, or secured by a deposit of money.' The evil, however, did not exist in that class of cases where the right of eminent domain had been exercised in behalf of the state, whether directly, in its own name, or through one of its counties; for the state has control of its own finances and those of its governmental subdivisions . . . and the presumption must have been indulged that the state would deal justly with its citizens.")


* ''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/019_SW_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/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.")
* ''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.")
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