Studies in the Social SciencesThe University, 1915 |
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Página 16 - Arkansas, subject to the disposal of the legislature thereof; provided, however, that the proceeds of said lands, whether from sale or by direct appropriation in kind, shall be applied exclusively, as far as necessary. to the purpose of reclaiming said lands by means of tbe levees and drains aforesaid.
Página 36 - The power does not rest simply upon the ground that the reclamation must be necessary for the public health. That indeed is one ground for interposition by the State, but not the only one. Statutes authorizing drainage of swamp lands have frequently been upheld independently of any effect upon the public health, as reasonable regulations for the general advantage of those who are treated for this purpose as owners of a common property.
Página 16 - An act to enable the State of Arkansas and other States to reclaim the 'swamp lands
Página 2 - the ocean pours in its flood twice every day, and produces a perpetual uncertainty whether the country may be considered as a part of the continent or of the sea. The wretched inhabitants take refuge on the sand-hills, or in little huts, which they construct on the summits of lofty stakes, whose elevation is conformable to that of the highest tides. When the sea rises, they appear like navigators ; when it retires, they seem as though they had been shipwrecked. They subsist on the fish left by the...
Página 40 - ... as a just and constitutional exercise of the power of the legislature to establish regulations by which adjoining lands, held by various owners in severally, and in the improvement of which all have a common interest, but which, by reason of the peculiar natural condition of the whole tract, cannot be improved or enjoyed by any of them without the concurrence of all, may be reclaimed and made useful to all at their joint expense.
Página 37 - If it be essential or material for the prosperity of the community, and if the improvement be one in which all the landowners have to a certain extent a common interest, and the improvement cannot be accomplished without the concurrence of all or nearly all of such owners by reason of the peculiar natural condition of the tract sought to be reclaimed, then such reclamation may be made and the land rendered useful to all and at their joint expense.
Página 53 - Jensen124 the supreme court upheld the validity of the act of 1905128 against the objection that it authorized the taking of private property without due process of law and for a private purpose.
Página 34 - ... that it is not necessary that the public at large shall be benefited, but only that part of the public affected by want of proper drainage...
Página 33 - What real distinction is. there, so far as the term 'public use' is concerned, between the benefit that results to a state from the reclamation by artificial irrigation of 160 acres of agricultural land owned by one or two persons, and the reclamation by the same means of thousands of acres owned by many different persons living together in one subdivision of the state? We do not think there is any in principle. The reclamation of one small field by means of artificial...
Página 39 - Court. the drainage of large tracts of swamps and low lands, upon proceedings instituted by some of the proprietors of the lands to compel all to contribute to the expense of their drainage, have been maintained by the courts of New Jersey (without reference to the power of taking private property for the...