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OFFIELD V. NEW YORK, N.H. & H. R. CO., 203 U. S. 372 (1906)

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U.S. Supreme Court

Offield v. New York, N.H. & H. R. Co., 203 U.S. 372 (1906)

Offield v. New York, New Haven and Hartford Railroad Company

No. 59

Argued October 25, 1906

Decided December 3, 1906

203 U.S. 372


Where plaintiff in error contends that the purpose for which his property has been condemned is not a public use, that the condemnation is unnecessary in order to obtain the desired end, and that the proceedings and state statute on which they are based violate the due process clause of the Fourteenth Amendment and impair contract rights, federal questions are involved and, if not frivolous, the writ of error will not be dismissed.

It is within the power of a state to provide for condemnation of minority shares of stock in railroad and other corporations where the majority of the shares are held by another railroad corporation if public interest demands, and the improvement of the railroad owning the majority of stock of another corporation may be a public use if the state courts so declare, and the condemnation under §§ 3694, 3695, Public Laws of Connecticut, of such minority shares of a corporation is not void under the impairment clause of the Constitution either because it impairs the obligation of a lease made by the corporation to the corporation obtaining the shares by condemnation or because it impairs the contract rights of the stockholder.

78 Conn. 1 affirmed.

The facts are stated in the opinion. chanroblesvirtualawlibrary

Page 203 U. S. 375

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