|CITES BY TOPIC: constitutional law|
"Constitution of this state declares, among inalienable rights of each citizen, that of acquiring, possessing and protecting property. This is one of primary objects of government, is guaranteed by constitution, and cannot be impaired by legislation." Billings v. Hall (1857), 7 C. 1.
"Right of protecting property, declared inalienable by constitution, is not mere right to protect it by individual force, but right to protect it by law of land, and force of body politic." Billings v. Hall (1857), 7 C. 1.
"Right of transit through each state, with every species of property known to constitution of United States, and recognized by that paramount law, is secured by that instrument to each citizen, and does not depend upon uncertain and changeable ground of mere comity." In Re Archy (1858), 9 C. 47.
"Traveling is passing from place to place -- act of performing journey; and traveler is person who travels." In Re Archy (1858), 9 C. 47.
"Right to possess and protect property is not more clearly protected by constitution, than right to acquire it. Right to acquire is right to use prpoer means to attain end; and use of such means, cannot be prohibited by legislature, except peace and safety of state require it." In Re Newman (1858), 9 C. 502.
"Governmental power only extends to restraining each one in freedom of his conduct so as to secure perfect protection to all others from every species of danger to person, health, and property; that each individual shall be required to use his own as to inflict injury upon his neighbors; and these seem to be all immunities which can be justly claimed by one portion of of society from another, under government of constitutional limitation." In Re Newman (1858), 9 C. 502.
"As general rule men have natural right to do anything which their inclinations may suggest, if it be not evil in itself, and in no way impairs the rights of others." In Re Newman (1858), 9 C. 502.
"To say that one may not defend his own property is usurpation of power by legislature." O'Connell v. Judnich (1925), 71 C.A.386, 235 P. 664.
"Owner has constitutional right to use and enjoyment of his property." Simpson v. Los Angeles (1935), 4 C.2d 60, 47 P.2d 474.
"Right of property antedates all constitutions. Every person has right to enjoy his property and improve it according to his own desires in any way consistent with rights of others." People v. Holder (1921), 53 C.A. 45, 199 P. 832.
"Right of property is invaded if owner is not at liberty to contract with others respecting manner in which and terms on which his property shall be improved." People v. Holder (1921), 53 C.A. 45, 199 P. 832.
"Police power may not be invoked under guise of general welfare to interfere with sale by individual of his own property when acquiring and possession of such property is not contrary to law." People v. Pace (1925), 73 C.A. 548, 559, 238 P. 1089.
"Wherever right to own property is recognized in free government, practically all other rights become worthless if government possesses uncontrollable power over property of citizen." House v. Los Angeles County Flood Control District (1944), 25 C.2d 384, 153 P.2d 950.
"Constitutional guarantee securing to every person right of acquiring, possessing, and protecting property refers to right to possess absolutely and unqualifiedly every species of property recognized by law and all rights incidental thereto, including right to dispose of such property in such manner as he pleases." People v. Davenport (1937), 21 C.A. 292, 69 P.2d 396.
"Constitutional right of acquiring and possessing property includes right to dispose of such property in such innocent manner as owner pleases and to sell it for such price as he can obtain." People v. Davenport (1937), 21 C.A. 292, 69 P.2d 396.
"Clause in constitution guaranteeing right of acquiring property does not deprive legislature of power of prescribing mode of acquisition, or of regulating conduct and relations of members of society in respect to property rights." In Re Andrews (1861), 18 C. 678; In Re Schrader (1867), 33 C. 279.
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