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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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* ''Housing Authority of Dallas v. Higginbotham'', 143 S.W.2d 79, [https://texaslegalguide.com/images/143_S.W.2d_79.pdf#page=5 83-84] (Tex. 1940) ("The question as to whether slum clearance and low rent housing are public uses and purposes is a new question in this jurisdiction. The question has been presented to the courts of last resort in the following jurisdictions and has been determined without exception to be a public use: . . . . Mere fiat, whether pronounced by the Legislature or by a subordinate agency, does not make that a public use which is not such in fact, and the question (always present) as to the true nature of the use is one of law.'") | * ''Housing Authority of Dallas v. Higginbotham'', 143 S.W.2d 79, [https://texaslegalguide.com/images/143_S.W.2d_79.pdf#page=5 83-84] (Tex. 1940) ("The question as to whether slum clearance and low rent housing are public uses and purposes is a new question in this jurisdiction. The question has been presented to the courts of last resort in the following jurisdictions and has been determined without exception to be a public use: . . . . Mere fiat, whether pronounced by the Legislature or by a subordinate agency, does not make that a public use which is not such in fact, and the question (always present) as to the true nature of the use is one of law.'") | ||
* ''City of Austin v. Nalle'', 120 S.W. 996, [https://texaslegalguide.com/images/ | * ''City of Austin v. Nalle'', 120 S.W. 996, [https://texaslegalguide.com/images/120_SW_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/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.") | * ''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.") | ||