[DOWNLOAD] "State Ex Rel. Mcmaster v. District Court" by Supreme Court of Montana # Book PDF Kindle ePub Free

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eBook details

• Title: State Ex Rel. Mcmaster v. District Court
• Author : Supreme Court of Montana
• Release Date : January 13, 1927
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

Prohibition ? State Highways ? Rights of Way ? Eminent Domain ? Power Lodged in State Highway Commission Exclusively ? Funds Available for Purpose. Eminent Domain ? Prerequisites to Exercise of Right. 1. The right to take private property from its owner against his will can only be invoked pursuant to law; authority for the exercise of such right must be clearly expressed in the law before it will be allowed, and when the right is sought to be exercised the provisions of the law must be rigorously complied with. Same ? State Highways ? County Commissioners Without Right to Procure Rights of Way by Condemnation Proceedings. 2. While the board of county commissioners under section 1683, Revised Codes 1921, is granted power to obtain a right of way of main highways by condemnation proceedings, and under sections 1635 to 1651 may upon petition signed by ten or a majority of the freeholders of a road district, proceed to the final establishment of common or public highways, including obtaining rights of way therefor as provided by sections 1639 and 1641, there is no statutory provision authorizing it to procure a right of way for a state highway by condemnation proceedings after such highway has been approved, laid out and established by the state highway commission. - Page 229 State Highways ? Mode of Establishment Prescribed by Statute to be Pursued. 3. The right to establish highways resides primarily in the legislature and may be exercised only in such manner as the legislature has prescribed, and where a particular mode of procedure is provided, that mode must be substantially pursued. Same ? Power to Condemn Rights of Way Lodged in State Highway Commission. 4. Held, under section 1797, Revised Codes 1921, that the right to obtain a right of way for a state highway by the exercise of condemnation proceedings is lodged exclusively with the state highway commission, the right to be exercised in the name of the state upon direction by the commission to the attorney general or a county attorney. Same ? Acquisition of Rights of Way by State Highway Commission ? Funds Available for Purpose. 5. Held, that while the state highway commission may not use the funds in the "state highway trust fund," created by section 1799, Revised Codes 1921, into which fund go the moneys received from the federal government for federal aid projects, for the acquisition of rights of way for contemplated state highways, it may properly use the funds in the "state highway fund," created by the same section, into which flow all moneys collected under the Gasoline License Tax Act (Initiative Measure No. 31 ? Laws of 1927, p. 604), for that purpose.

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