Edwards v. Thrash’s Empirical Analysis

Citation profile

1 federal appellate · 13 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Sec. 24. Private property shall not be taken or damaged for public use without just compensation. Such compensation, irrespective of any benefit from any improvement» proposed, shall be ascertained by a board of commissioners of not less than three freeholders, in such manner as may be prescribed by law. The commissioners shall not be appointed by any judge or court without reasonable notice'having been served upon all parties 'in interest. The commissioners shall be selected from the regular jury list of names prepared and made as the Legislature shall provide. Any party aggrieved shall have the right of appeal, without bond, and trial by jury in a court of record. Until the compensation shall be paid to the owner, or into court for the owner, the property shall not be disturbed, or the -proprietary rights' of the owner divested. When possession- is taken of property condemned for any public use, the owner shall' be entitled to the immediate receipt of the - • compensation awarded, without prejudice to the right of either party to prosecute further proceedings for the judicial determination of the sufficiency or insufficiency of -such compensation. The fee of land taken by common carriers for right of way, without the consent of the owner, shall remain in such owner subject only to the use for which it is taken. In all eases of condemnation of private property for public or private use, the determination of the character of the use shall be a judicial question.””

   1 later decision quote this exact passage
   e.g. Stinchcomb v. Oklahoma City

2. ““Whilst the first clause of section 24. art. 2, supra, provides that private property shall not be taken or damaged without just compensation, an accompanying clause in this same section provides that, until compensation shall be paid to the owner or into court for the owner, the property of the owner shall not be disturbed or the proprietary rights of the ownei; divested. Does this latter clause) require compensation to be paid to the owner or into the court for the owner where the damages are merely consequential? The word ‘disturb,’ according to Mr. Webster, means ‘to interrupt a settled state of,’ and according to the same authority ‘proprietary’ means ‘belonging or pertaining to a proprietor, considered as property, owned;’ and the words ‘the property shall not be disturbed or the proprietary rights of the owner divested,’ seem to mean that possession thereof shall not be taken nor his property taken, nor shall the title thereof be .divested, until compensation therefor has been first paid to the owner or into court for the owner. This was the controlling construction in the state of Missouri at the time of the adoption of this clause in the Oklahoma Constitution, and, when there was .no such provision in force in any other state where a contrary construction prevailed, that of the highest court of Missouri should be especially persuasive.””

   1 later decision quote this exact passage
   e.g. Stinchcomb v. Oklahoma City

3. ““Private property shall not be taken or damaged, for public or private use, without just compensation. Such compensation shall be ascertained by a board of commissioners, of not less than three freeholders, or by a jury, when required by the owner of the property, in such manner as may be prescribed by law, and until the same shall be paid to the owner, or into court for the owner, the property shall not be needlessly disturbed, or the proprietary rights of the owner therein divested; * *”

   1 later decision quote this exact passage
   e.g. Allen v. Transok Pipe Line Company