Cage v. Trager

Citations

• 60 Miss. 563

Syllabus

<p>1. Eminent Domain. Condemnation. Owner compelled to seek damages. Constitutionality of Act of 1882, and sect. 1884, Code 1871.</p> <p>The special act of January 30, 1882, entitled ‘'“An act providing for the establishment of a public landing on the bank of the Mississippi River, in the County of Wilkinson, and for other purposes,” which, instead of requiring those seeking the condemnation of private property for the public uses mentioned in the act to institute and carry through proceedings for the ascertainment of the damages to be paid- or tendered to the owner of such property, -devolves that duty or privilege upon the owner himself, is not on this account violative of sect. 10, Art. I., of the Constitution, which provides that, “private property shall not be taken for public use, except upon due compensation first being made to the owner or owners thereof, in a manner to be provided by law.” The provision referred to in the act of 1882 is similar to that in section 1884 of the Code of 1871.</p> <p>2. Same. Notice of condemnation. Time allowed for compensation. Objection, when obviated.</p> <p>A non-resident whose land has been condemned under the act above referred to cannot successfully assail the proceedings on the ground that the provisions of the act, as to the manner of giving him notice of the proceedings and the time allowed him to apply for damages, are unconstitutional because of the insufficiency of such notice and time allowed; where it appears that he has-had actual notice and, within the time limited, filed a bill to enjoin the proceedings.</p> <p>3. Same. Proceedings of condemnation. Bill to enjoin. Presumption in favor of record.</p> <p>In a suit by the owner of land to enjoin proceedings for condemnation thereof under the act above referred to, it is not necessary to the validity of the proceedings whieh it is sought to enjoin that the record shall show affirmatively that the commissioners who were appointed to select a site for the landing an