US SUPREME COURT DECISIONS

Constitutional rights, like others, are matters of degree, and a street opening statute which has stood for a long time will not be declared unconstitutional as taking property without compensation because, in a particular instance, the amount assessed under the strict letter of the statute exceeded the value of the property, but the statute should be so interpreted, as is possible in this case, so that the apportionment of damages be limited to the benefit.

The facts are stated in the opinion. chanrobles.com-red

Page 205 U. S. 137