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" Looking, then, to the common law, from whence came the right which the Constitution protects, we find that when private property is "affected with a public interest, it ceases to be juris privati only. "
The New York Supplement - Page 507
1920
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History of Federal Energy Organization: A Staff Analysis Prepared at the ...

United States. Congress. Senate. Committee on Interior and Insular Affairs - Energy conservation - 1973 - 59 pages
...industry was tested in the 1877 Munn case.1 Mr. Chief Justice Waite delivered the opinion of the court: We find that when private property is "affected with a public interest, it ceases to be juris private only". Property does become clothes with a public interest when used in a manner to make it...
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Hearings, Reports and Prints of the Senate Committee on Interior and Insular ...

United States. Congress. Senate. Committee on Interior and Insular Affairs - Legislative hearings - 1975
...industry was tested in the 1877 Munn case.1 Mr. Chief Justice Waite delivered the opinion of the court: We find that when private property is "affected with a public interest, it ceases to be juris private only". Property does become clothes with a public interest when used in a manner to make it...
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Report to the F.T.C. on the Use of Automatic Fuel Adjustment Clauses and the ...

United States. Bureau of Competition - Electric Utilities - 1977 - 147 pages
...provide an indispensable service under monopoly conditions granted and regulated by government. "... We find that when private property is affected with...public interest, it ceases to be juris privati only... Property does become clothed with a public interest when used in a manner to make it of public consequence,...
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The Condition of Contemporary Federalism: Conflicting Theories and ...

United States. Advisory Commission on Intergovernmental Relations - Federal government - 1981 - 251 pages
...necessary for the public good. . . . Looking ... to the common law, from whence came the [property] right which the Constitution protects, we find that..."affected with a public interest, it ceases to be juris pri vati only."1"' Yet, perhaps even more important in explaining the majority's position was its overriding...
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I.C.C. Practitioners' Journal, Volume 25, Issue 1

Carriers - 1957
...with private property. ' ' The Chief Justice continued by saying, "Looking then to the common law, we find that when private property is 'affected with...This was said by Lord Chief Justice Hale more than two hundred years ago, in his treatise De Portibus Maris, * * * and has been accepted without objection...
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The Effect of Airline Deregulation on the Rural Economy ..., Volumes 1-2

United States. Congress. Senate. Committee on Small Business. Subcommittee on Rural Economy and Family Farming - Aeronautics, Commercial - 1988 - 194 pages
...common carriers . . . and in so doing fix a maximum charge to be made for the services rendered .... [W]hen private property is "affected with a public interest, it ceases to be juris privati only." ... Property does become clothed with a public interest when used in a manner to make it of public...
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The Irony of Regulatory Reform: The Deregulation of American Telecommunications

Robert Britt Horwitz, Robert B. Horwitz - Business & Economics - 1989 - 414 pages
...law principles embodied in the earlier period of chartered internal improvements.50 Munn stated . . . that when private property is "affected with a public interest, it ceases to be juris privati only.". . . Property does become clothed with a public interest when used in a manner to make it of public...
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The New Institutional Economics: A Collection of Articles from the Journal ...

Eirik Grundtvig Furubotn, Rudolf Richter - Business & Economics - 1991 - 376 pages
...without due process of law". However, in 1877 the Supreme Court declared in Munn vs. Illinois (94 US 113) that when private property "is affected with a public interest, it ceases to be iuris privati only." In a constitutional perspective, Munn vs. Illinois marks the beginning of the...
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The Constitution in the Supreme Court: The First Hundred Years, 1789-1888

David P. Currie - Law - 1992 - 504 pages
...explaining that the businessmen in Munn had not been "deprive[d]" of property at all. At common law, when private property is "affected with a public interest, it ceases to be juris privati only." . . . When, therefore, one devotes his property to a use in which the public has an interest, he, in...
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The Constitution Besieged: The Rise and Demise of Lochner Era Police Powers ...

Howard Gillman - Law - 1993 - 317 pages
...standard that distinguished legitimate from illegitimate regulations was found in the common-law doctrine that "when private property is 'affected with a public...interest, it ceases to be juris privati only'"; this occurs when property is "used in a manner to make it of public consequence, and affect the community...
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