State v. Miller’s Empirical Analysis
1936
Citation profile
8 state decisions
How this case has been cited
Cited by 8 later decisions — most recently February 1970
8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Jackson v. . State of New York · City of Los Angeles v. Klinker · Slayden v. Palmo · 51 Tex. Civ. App. 6 - Sullivan v. Fant · Chicago, Sante Fe & California Railway Co. v. McGrew
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"* * * The remedy of eminent domain, * * * is a harsh one and must be exercised in accord with the strict principles appertaining thereto. * * * Such proceeding is in the nature of an enforced sale in which the agency so appropriating the land stands in the position of a buyer. Consequently, it must either take the land with the permanent improvements thereon as it stands and pay for it accordingly, or reject it in toto. It cannot strip the improvements therefrom and compel the owner to provide other land to receive the salvage, and then rightfully insist that the owner is fully compensated by the payment of the value of the naked land so appropriated. * * *" See also Breithaupt v. State, 321 S.W.2d 361 (Tex.Civ.App., Waco, 1959, err. ref'd, n. r. e.); State v. Carpenter, 126 Tex. 604 , 89 S.W.2d 979 (Com. of App., Sec. A., 1936); Nichols, Eminent Domain, Para. 13.1, p. 347.”
3 later decisions quote this exact passage““Such a rule would be intolerable. The law will not sanction such unnecessary meddling with a citizen’s rights. Ordinarily in condemnation cases in determining what improvements pass with the title to the condemned land, the same rule applies as that which governs between an ordinary vendor and vendee. The building here under consideration was a permanent improvement and constituted an appurtenance to the land which would pass with the title in an ordinary conveyance, and in our opinion the state should be required, as held by the trial court, to accept and pay for it along with the land so condemned.” '•(Citing numerous authorities.)”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.