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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* ''Texas Highway Dep't v. Weber'', 219 S.W.2d 70, [https://texaslegalguide.com/images/219_S.W.2d_70.pdf#page=3 72] (Tex. 1949) ("The constitutional provision of Texas under consideration, and more or less similar provisions are contained in the constitutions of all the states of this nation, without doubt, constitutes a limitation upon the right of eminent domain . . . . Instead, the provision relates only to private property which is taken for public use. Manifestly, it was not intended that where private property has been damaged or destroyed through the tortious conduct of the state's agents in the performance of their official functions the state should be suable.")
* ''Texas Highway Dep't v. Weber'', 219 S.W.2d 70, [https://texaslegalguide.com/images/219_S.W.2d_70.pdf#page=3 72] (Tex. 1949) ("The constitutional provision of Texas under consideration, and more or less similar provisions are contained in the constitutions of all the states of this nation, without doubt, constitutes a limitation upon the right of eminent domain . . . . Instead, the provision relates only to private property which is taken for public use. Manifestly, it was not intended that where private property has been damaged or destroyed through the tortious conduct of the state's agents in the performance of their official functions the state should be suable.")


* ''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_SW2_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/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.")
* ''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.")
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