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" One whose rights, such as they are, are subject to state restriction, cannot remove them from the power of the state by making a contract about them. "
The State Department Reports of the State of New York - Page 112
by New York (State) - 1921
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The Constitution in the Supreme Court: The Second Century, 1888-1986, Volume 2

David P. Currie - 1994 - 682 pages
...the same effect in Hudson County Water Co. v. McCarter, 209 US 349, 357 (1908): "One whose rights ... are subject to state restriction, cannot remove them...power of the State by making a contract about them." This statement was quite unnecessary to the decision, since the contract in question had been made...
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Takings, Compensation, and Pending Wetlands Legislation: Hearing Before the ...

United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Fisheries and Wildlife Conservation and the Environment - 1992 - 392 pages
...concerns a buyer hoping to obtain relaxation of a valid use-restriction. 87. Justice Holme* said it best: "One whose rights, such as they are, are subject to...cannot remove them from the power of the State by n«-iri»na contract about them. The contract will carry with it the infirmity of the subject matter."...
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U.S.-Puerto Rico Political Status Act: Hearing Before the ..., Volume 4

United States. Congress. House. Committee on Resources. Subcommittee on Native American & Insular Affairs - 1996 - 270 pages
...States Trust Co. v. New Jersey. 431 US 1, 23 (1977).7 In a similar context Mr. Justice Holmes stated: One whose rights, such as they are, are subject to...power of the State by making a contract about them. Hudson Water Co. v. McCarter. 209 US 349, 357 (1908).' Agreements or compacts to the effect that the...
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Environment, Property, and the Law: Federal and State Case ..., Volume 1

Ronald H. Rosenberg - 1997 - 430 pages
...23. Nor can existing contracts between private individuals preclude exercise of the police power. " One whose rights, such as they are, are subject to...power of the State by making a contract about them." Hudson County Water Co. v. McCarter, 209 US 349, 357; Knoxvillc Water Co. v. Knoxville, 189 US 434,...
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Law of Property Rights Protection: Limitations on Governmental Powers

Jan Laitos - 1998 - 1317 pages
...state. The rule about contracts and the police power is that (1) property rights cannot be removed from the power of the state by making a contract about them; (2) the police power cannot be bargained away in a contract by the state;15'2 (3) the obligation of...
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Verwaltungsvertrag und Gesetz: eine vergleichende Untersuchung zum ...

Elke Gurlit - 2000 - 732 pages
...früher nicht gesehen, s. das Dictum von Holmes in Hudson Water Co. v. McCarter, 209 US 349 (357) (1908); „One whose rights, such as they are, are subject...carry with it the infirmity of the subject matter." als Rechtfertigung eines Eingriffs in öffentliche Verträge erlangt aber Relevanz, wenn Verstöße...
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Constitutional Protection of Private Property and Freedom of Contract

Richard Allen Epstein - 2000 - 430 pages
...private tort of defamation." As Hoimes rightly said, "[o|ne whuse rights, such as they are, are suhject to state restriction, cannot remove them from the power of the State hy making a contract ahout them. The contract will carry with it the infirmity of the suhject matter.'"0...
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The American Legal System: Perspectives, Politics, Processes, and Policies

Albert P. Melone, Allan Karnes - 2008 - 724 pages
...making private contractual arrangements. . . . [As] summarized in Mr. Justice Holmes' wellknown dictum: "One whose rights, such as they are, are subject to...power of the State by making a contract about them" (quoting Hudson County Water Co. v. McCarter, 209 US 349, 357 (1908)). The power to regulate wages...
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Readings on American State Government

Paul Samuel Reinsch - 1911 - 488 pages
...is disposed of by what we have said. That under Article I, Section 10, needs but a few words more. One whose rights, such as they are, are subject to...carry with it the infirmity of the subject matter (Knoxville Water Company vs. Knoxville, 189 US 434, 438; Manigault vs. Springs, 199 US 473, 480). But...
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The Federal Reporter, Volume 255

1919 - 1016 pages
...Hudson Water Co. v. McCarter, 209 US 349, 357 [28 Sup. Ct 529, 531 (52 L. Ed. 828)], it is said that: " 'One whose rights, such as they are, are subject to...The contract will carry with it the infirmity of the subject-matter.' "In L. & NRR Co. v. Mottley, 219 US 467, 482 [31 Sup. Ct. 265, 270 (55 L. Ed. 297,i...
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