KENNEDY V. INDIANAPOLIS, 103 U. S. 599 (1880)

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U.S. Supreme Court

Kennedy v. Indianapolis, 103 U.S. 599 (1880)

Kennedy v. Indianapolis

103 U.S. 599


1. Sec. 7, art. 1, of the Constitution of Indiana, adopted in 1816, provides

"That no man's particular services shall be demanded, or property taken or applied to public use, without the consent of his representatives or without"

a just compensation being made therefor.

Under an Act of the General Assembly, "to provide for a general system of internal improvements" approved Jan. 27, 1836, the board thereby created was authorized to enter upon, take possession of, and use lands. Held that the right to enter and use them was complete as soon as they were actually appropriated under the authority of that act, but that the title to them did not, without the consent of the owner, vest in the state until just compensation was made to him therefor.

2. The decisions of the Supreme Court of Indiana upon the point cited and examined.

3. In this case, nothing was paid, it being considered that the benefits resulting from the construction of the contemplated work would furnish the owner just compensation for the land taken. The work was never constructed, and the state sold the property. Held that no title passed to the purchaser.

The facts are stated in the opinion of the Court.


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