Fort v. Goodwin

Citations

• 36 S.C. 445
• 15 S.E. 723
• 1892 S.C. LEXIS 118

Syllabus

<p>1. Private Propertv — Eminent Domain. — Under the Constitution of this State, private property is held sacred, and all laws must bear ■ equally on all citizens — -at least upon all of the same class in the same locality — subject only to the right of eminent domain in the State.</p> <p>2. Ibid. — Ibid.—Ejections.—An act of the legislature cannot authorize land to be taken for the building of a fence to enclose a pasture in a section of a county for the supposed benefit of those persons who own land within the pasture limits — certainly not without the consent of the owners or unless a just compensation be made therefor, oven though the pasture be so determined upon by a vote of two-thirds of the freehold voters residing within those limits at an election hold for the purpose under statutory authority.</p> <p>3. Ibid. — Ibid.—The grant by the legislature of the right of way and necessary timber for this fence in the same manner as the law provides a right of way for railroad companies is insufficient, for it fails to provide for proper compensation; and, moreover, the compensation, if provided for by taxation, would, under the terms of this statute, fall upon the very persons whose lands are taken — -persons living within the pasture limits.</p> <p>4. Ibid. — Ibid.—Delegation.—It is doubtful whether the State can delegate its right of eminent domain to a county, but certainly the grant must bo clear and compensation provided for, or else the legislature will be assumed to have intended only to confer a right on first obtaining the consent of those affected.</p>