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 Austin v. Nalle'', 120 S.W. 996, [https://texaslegalguide.com/images/Vol_120_SWR_996.pdf#page=1 996] (Tex. 1909) ("Eminent domain is defined to be: 'The sovereign power vested in the state to take private property for the public use, providing first a just compensation therefor.' 15 Cyc. 557. 'Taxes are defined to be burthens, or charges, imposed by the legislative power of a state upon persons or property, to raise money for public purposes.' Clegg v. State, 42 Tex. 608. The former takes specific property (not money) upon paying compensation therefor. The other takes money, the only compensation being that it will be appropriated according to law.")
* ''City of Austin v. Nalle'', 120 S.W. 996, [https://texaslegalguide.com/images/Vol_120_SWR_996.pdf#page=1 996] (Tex. 1909) ("Eminent domain is defined to be: 'The sovereign power vested in the state to take private property for the public use, providing first a just compensation therefor.' 15 Cyc. 557. 'Taxes are defined to be burthens, or charges, imposed by the legislative power of a state upon persons or property, to raise money for public purposes.' Clegg v. State, 42 Tex. 608. The former takes specific property (not money) upon paying compensation therefor. The other takes money, the only compensation being that it will be appropriated according to law.")


* ''Storrie v. Houston City St. Ry. Co.'', 46 S.W. 796, [https://texaslegalguide.com/images/Vol_046_SWR_796.pdf#page=4 799] (Tex. 1898) ("This provision of the constitution was in force at the time the street-railway company acquired its right in the streets of Houston and before the mortgage of the trust company was executed. The rights of both the street-railway company and the mortgage company were acquired subject to the control of the legislature upon this question. The legislature had the right to enact the law of 1891, amending the charter of Houston, by which the liability of the street-car company for the cost of paving the street was enlarged.")
* ''Storrie v. Houston City St. Ry. Co.'', 46 S.W. 796, [https://texaslegalguide.com/images/046_SW_796.pdf#page=4 799] (Tex. 1898) ("This provision of the constitution was in force at the time the street-railway company acquired its right in the streets of Houston and before the mortgage of the trust company was executed. The rights of both the street-railway company and the mortgage company were acquired subject to the control of the legislature upon this question. The legislature had the right to enact the law of 1891, amending the charter of Houston, by which the liability of the street-car company for the cost of paving the street was enlarged.")


* ''Travis County v. Trogden'', 31 S.W. 358, [https://texaslegalguide.com/images/031_SW_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/031_SW_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.")
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