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where they didn't take your property, might be damaging,
give you damages, and another one might not.
All of those matters are a question of fact the
same as the value is a question of fact when there is
an actual taking.
DELEGATE GILCHRIST; May I then ask what is the
situation under which you would under your amendment
allow compensation to a person if this is done for
public purposes but if a private person goes across the
street and builds something which is just as objection-
able, you would have no right to recover from the private
person, so this is done for good, the person would be
entitled to a recovery but if it is done for a private
gain you couldn't recover?
DELEGATE CLARK: Delegate Weidemeyer.
DELEGATE WEIDEMEYER: In that area, if damages
were suffered by the public generally, that is one thing,
but what this is intended to be, is where the individual
suffers that damage over and above that suffered by the
public.
DELEGATE CLARK: Delegate Gilchrist.