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dicta. They are apelling out their opinion.
They say "It has long been established that
there are certain injuries necessarily incident to the
ownership of property which directly impair the value
of private property and for which the law does not and
never has afforded any relief, examples being, "and note
this, ladies and gentlemen, "the depreciation cost by the
building of fire houses, police stations, hospitals,
cemeteries and the like in close proximity to private
property. "
That is a narrow construction.
In zoning, we have reference to private
enterprise building certain things which might be
objectionable. This is where zoning and building restric-
tions come in. What we are talking about are the inroads
made into property values where people's greatest invest-
ment in property is their homes.
But because we have an archaic principle in our
laws we can't get compensation for our people under the
present law.
The states that have this provision are sister |