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actual affected amendment apparently applied attempted authorized billboards bonds building character charter common competence condemnation considerable constitutional construction corporation delegated discussion districts electric eminent domain enacted enterprise erection established example excess exercise existing express fact feet furnishing grant ground hall hand height held houses important imposed improvement individual industry instances interest involved kind land legislative legislature less light limits Mass matter means mentioned municipal natural necessary operate opinion ordinance owners parks perhaps persons police power practice prevent principles probably prohibited proper protection provision public purpose public utility question railway reason recent reference regarded regulation relation residence respect restrictions rule seems similar smoke specific statute street supply supra supreme court sustained taken taking tion town United usually voters wholly York
Página 30 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable.
Página 186 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Página 104 - It is to be remembered that we are dealing with one of the most essential powers of government, one that is the least limitable. It may, indeed, seem harsh in its exercise, usually is on some individual, but the imperative necessity for its existence precludes any limitation upon it when not exerted arbitrarily.
Página 30 - ... third, those essential to the accomplishment of the declared objects and purposes of the corporation, — not simply convenient, but indispensable. Any fair, reasonable, substantial doubt concerning the existence of power is resolved by the courts against the corporation, and the power is denied.
Página 76 - So far as the Federal Constitution is concerned, we have no doubt the State may by itself, or through authorized municipalities, declare the emission of dense smoke in cities or populous neighborhoods a nuisance and subject to restraint as such; and that the harshness of such legislation, or its effect upon business interests, short of a merely arbitrary enactment, are not valid constitutional objections.
Página 104 - To so hold would preclude development and fix a city forever in its primitive conditions. There must be progress, and if in its march private interests are in the way they must yield to the good of the community.
Página 137 - ... and after the establishment, layout, and completion of such improvements, may convey any such real estate thus acquired and not necessary for such improvements, with reservations concerning the future use and occupation of such real estate, so as to protect such public works and improvements, and their environs, and to preserve the view, appearance, light, air, and usefulness of such public works.
Página 242 - If it be said that a benefit results to the local public of a town by establishing manufactures, the same may be said of any other business or pursuit which employs capital or labor. The merchant, the mechanic, the innkeeper, the banker, the builder, the steamboat owner are equally promoters of the public good, and equally deserving the aid of the citizens by forced contributions. No line can be drawn in favor of the manufacturer which would not open the coffers of the public treasury to the importunities...
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Building Cities in America: Urbanization and Suburbanization in a Frontier ...
Daniel Judah Elazar
Visualização de excertos - 1987