Tennessee Valley Authority, Hearing ... 90-1, on a Bill to Amend the Tennessee Valley Authority Act of 1933 to Provide that the Issue of Just Compensation May be Tried by a Jury in Any Case Involving the Condemnation of Real Property by the TVA, October 10, 19671967 - 102 Seiten |
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acquired acres Advisory Committee agency amendment appeal appointed appraisers attorney awards bill Bill Brock Chairman Chattanooga commission system commissioner system compensation condemnation proceedings condemnation suits Congress Congressman Brock D.C. DEAR SENATOR DEAR SENATOR BAKER determined District Court easement eminent domain fair Farm Bureau Federal court feel hear HOWARD BAKER HOWARD H involving issue JORDAN of North jurors jury system jury trial justice Kentucky land acquisition land owners land values landowner lawyer legislation letter Lyon County Marion County MARQUIS Maury County North Carolina offer party private property property owner question Representatives resolution right to trial right-of-way rule 71A Senator HoWARD Senator JORDAN Senator SPONG Senator YOUNG Sincerely statement Tellico Dam TENN Tennessee Valley Authority Thank tion tracts transmission line trial by jury tried Trigg County TVA Act TVA condemnation TVA land condemnation TVA's U.S. Senate uniformity Valley Authority Act Washington witnesses
Beliebte Passagen
Seite 2 - ... unless the court in its discretion orders that, because of the character, location, or quantity of the property to be condemned, or for other reasons in the interest of justice, the issue of compensation shall be determined by a commission of three persons appointed by it.
Seite 3 - ... (h) TRIAL. If the action involves the exercise of the power of eminent domain under the law of the United States, any tribunal specially constituted by an Act of Congress governing the case for the trial of the issue of just compensation shall be the tribunal for the determination of that issue; but if there is no such specially constituted tribunal any party may have a trial by jury of the issue of just compensation...
Seite 42 - Upon the filing of a petition for condemnation and for the purpose of ascertaining the value of the property to be acquired, and assessing the compensation to be paid, the court shall appoint three commissioners who shall be disinterested persons and who shall take and subscribe an oath that they do not own any lands, or interest or easement in any lands, which it may be desirable for the United...
Seite 53 - By the Constitution of the United States, the estimate of the just compensation for property taken for the public use, under the right of eminent domain, is not required to be made by a jury ; but may be intrusted by Congress to commissioners appointed by a court or by the executive, or to an inquest consisting of more or fewer men than an ordinary jury.
Seite 65 - BE IT FURTHER RESOLVED that copies of this memorial be dispatched to the President of the United States, to the President of the United States...
Seite 89 - Where large areas are involved many small landowners reside at great distances from the place where a court sits. It is a great hardship on humble people to have to travel long distances to attend a jury trial. A commission may travel around and receive the evidence of the owner near his home.
Seite 8 - ... may have a trial by jury of the issue of just compensation by filing a demand therefor within the time allowed for answer or within such further time as the court may fix...
Seite 90 - There is one special cause of delay in getting cases on for trial that must be singled out for particular condemnation, the all-tooprevalent habit of sending matters to a reference. There is no more effective way of putting a case to sleep for an indefinite period than to permit it to go to a reference with a busy lawyer as referee.
Seite 94 - ... for his property if he is put to an expense appreciably important to establish the value of his property. He does not want to sell; the property is taken from him through the exercise of the high powers of the State, and the spirit of the Constitution clearly requires that he shall not be...
Seite 3 - The proposal we now make for subdivision (h) is as follows : "(h) TRIAL. If the action involves the exercise of the power of eminent domain under the law of the United States, any tribunal specially constituted by an Act of Congress governing the case for the trial of the issue of just compensation shall be the tribunal for the determination of that issue ; but if there is no such specially constituted tribunal any party may have...