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Public vs. private nuisance

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 233 U.S. 546 - Richards v. Washington Terminal Co. · 1914Most cited · 302 citing opinions

We deem the true rule, under the 5th Amendment, as under state constitutions containing a similar prohibition, to be that while the legislature may legalize what otherwise would be a public nuisance, it may not confer immunity from action for a private nuisance of such a character as to amount in effect to a taking of private property for public use.