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Section II-24: Private property - Public use - Character of use a judicial question.

    Private property shall not be taken or damaged for public use
without just compensation.  Just compensation shall mean the value of
the property taken, and in addition, any injury to any part of the
property not taken.  Any special and direct benefits to the part of
the property not taken may be offset only against any injury to the
property not taken.  Such compensation shall be ascertained by a board
of commissioners of not less than three freeholders, in such manner as
may be prescribed by law.  Provided however, in no case shall the
owner be required to make any payments should the benefits be judged
to exceed damages.  The commissioners shall not be appointed by any
judge or court without reasonable notice having been served upon all
parties in interest.  The commissioners shall be selected from the
regular jury list of names prepared and made as the Legislature shall
provide.  Any party aggrieved shall have the right of appeal, without
bond, and trial by jury in a court of record.  Until the compensation
shall be paid to the owner, or into court for the owner, the property
shall not be disturbed, or the proprietary rights of the owner
divested.  When possession is taken of property condemned for any
public use, the owner shall be entitled to the immediate receipt of
the compensation awarded, without prejudice to the right of either
party to prosecute further proceedings for the judicial determination
of the sufficiency or insufficiency of such compensation.  The fee of
land taken by common carriers for right of way, without the consent of
the owner, shall remain in such owner subject only to the use for
which it is taken.  In all cases of condemnation of private property
for public or private use, the determination of the character of the
use shall be a judicial question.



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