Name: Searl v. School-Dist. No. 2 — Opinion of the Court
Author: Melville Fuller

Quotes from Searl v. School-Dist. No. 2 — Opinion of the Court (Melville Fuller)

Melville Fuller, Searl v. School-Dist. No. 2 — Opinion of the Court

“ Did the just compensation thus secured to the owner of property, taken in the exercise of the power of eminent domain, include in this instance payment to the plaintiff in error for the improvements made by the school-district in order to carry out the specific use and purpose for which the land was required? Could plaintiff in error properly insist that the loss of the school-house was an injury which he sustained by reason of the taking? ”

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Source: Wikisource

Melville Fuller, Searl v. School-Dist. No. 2 — Opinion of the Court

“ The civil law recognized the principle of reimbursing to the bona fide possessor the expense of his improvements, if he was removed from his possession by the legal owner, by allowing him the increase in the value of the land created thereby. And the betterment laws of the several states proceed upon that equitable view. The right of recovery, where the occupant in good faith believes himself to be the owner, is declared to stand upon a principle of natural justice and equity ”

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Source: Wikisource

Melville Fuller, Searl v. School-Dist. No. 2 — Opinion of the Court

“ The circuit court was not dealing with an action of ejectment or trespass, but simply with a proceeding in the exercise of the right of eminent domain. That right is the offspring of political necessity, and is inseparable from sovereignty, unless denied to it by its fundamentallaw. ”

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Source: Wikisource

Melville Fuller, Searl v. School-Dist. No. 2 — Opinion of the Court

“ Structures for the purposes of trade or manufacture, and not intended to become irrevocably part of the realty, are not within the rule, (Van Ness v. Pacard, 2 Pet. 137,) nor is it applicable where they are erected under agreement or by consent, the presumption not arising that the builder intended to transfer his own inprovements to the owner. And courts of equity, in accord with the principles of the civil law, when their aid is sought by the real owner, compel him to make allowance for permanent improvements made bona fide by a party lawfully in possession under a defective title. ”

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Source: Wikisource

Melville Fuller, Searl v. School-Dist. No. 2 — Opinion of the Court

“ Many independent facts and surrounding circumstances may be admissible in evidence, and legitimately considered as establishing or impeaching the state of mind in its good faith, honest belief or trust in, or dependence upon, such title.' And this language was quoted by the court from that opinion; 'Good faith is doubtless used here in its popular sense, as the actual, existing state of the mind ”

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Source: Wikisource

Melville Fuller, Searl v. School-Dist. No. 2 — Opinion of the Court

“ It cannot be exercised except upon condition that just compensation shall be made to the owner, and it is the duty of the state, in the conduct of the inquest by which the compensation is ascertained, to see that it is just, not merely to the individual whose property is taken,b ut to the public which is to pay for it. ”

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Source: Wikisource

Melville Fuller, Searl v. School-Dist. No. 2 — Opinion of the Court

“ We think that in this there was no error. In our judgment, the technical rule of law invoked to sustain the defendant's contention that he owned the school-house was inapplicable, and the value of the improvements could not justly be included in the compensation. ”

Melville Fuller

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Quotes from Searl v. School-Dist. No. 2 — Opinion of the Court (Melville Fuller)

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Melville Fuller

Summary

Quotes from Searl v. School-Dist. No. 2 — Opinion of the Court (Melville Fuller)

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Get perspective with Kwize: daily news enlightened by great literature