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Reports of Cases Determined by the Supreme Court of the State of Missouri (Volume 246)

Reports of Cases Determined by the Supreme Court of the State of Missouri (Volume 246)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913. Excerpt: ... CITIES--Continued. 17. Municipal Court: Condemnation Proceedings: Constitu-tional Court. Under the Constitution, Kansas City had authority in 1908 to frame and adopt a charter providing for a municipal court vested with power to hear and determine proceedings for the condemnation of lands for public streets and assessing the damages and benefits, such proceedings being matters of local municipal concern. Sec. 22, Art. 6 of the Constitution, conferring on circuit courts exclusive original jurisdiction in all civil cases "not otherwise provided for," did not inhibit the vesting of such power in the municipal court, since the Enabling Act of 1887 specifically gave to said city "exclusive control over its public highways, streets," etc. Held, by VALLIANT, C. J., with whom FERRISS, J., concurs, that the power of Kansas City by its charter to vest original jurisdiction in its municipal court in condemnation cases having been acquiesced in for more than twenty years prior to the adoption of the present charter and property rights to a great extent having been acquired under that assump-tion, the existence of such power, under the Constitution, should now be conceded. Held, by GRAVES, J., dissenting, with whom WOODSON, J., concurs, that the right of eminent domain is a sovereign right, and can be exercised only by the State or by per-mission or grant of authority from the State, and the State has not granted to Kansas City authority to create its own court for the exercise of that right, but has vested the cir-cuit courts with exclusive jurisdiction in such matters; and the attempt to create a municipal court vested with powers of condemnation being unconstitutional, the Constitution should be upheld, notwithstanding imaginary disastrous results that may follow t...


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Product Details
  • ISBN-13: 9781154284263
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 306
  • Spine Width: 16 mm
  • Width: 189 mm
  • ISBN-10: 1154284263
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 549 gr


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