Alma Coal Co. v. Cozad

Citations

• 79 Ohio St. (N.S.) 348

Syllabus

<p>Imposition upon private property — Against owner for benefit of another — Prohibited by constitution — Act of April 18, 1904, construed.</p> <p>1. The provisions of the constitution forbid not only the taking of the private property of one, but as well the laying of an imposition upon it, for the sole benefit of another.</p> <p>2. The act of April 18, 1904 (97 O. L., 138), may not be so construed and administered as to charge an owner of lands which are, and are to remain, unenclosed, with any part of the expense of constructing and maintaining a- line fence for the sole benefit of the adjoining proprietor.</p>