{
  "id": 8656844,
  "name": "BOARD OF SCHOOL TRUSTEES OF ELIZABETH CITY v. R. L. HINTON et als.",
  "name_abbreviation": "Board of School Trustees v. Hinton",
  "decision_date": "1914-02-18",
  "docket_number": "",
  "first_page": "12",
  "last_page": "13",
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      "cite": "165 N.C. 12"
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    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
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    "name_long": "North Carolina",
    "name": "N.C."
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      "cite": "48 Me., 243",
      "category": "reporters:state",
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    {
      "cite": "68 Pa. St., 170",
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    {
      "cite": "19 N. C., 456",
      "category": "reporters:state",
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  "last_updated": "2023-07-14T20:20:28.606556+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "BOARD OF SCHOOL TRUSTEES OF ELIZABETH CITY v. R. L. HINTON et als."
    ],
    "opinions": [
      {
        "text": "AlleN, J.\nThe only question presented by the appeal is the constitutionality of the act of the General Assembly authorizing the condemnation of land for the purposes of a graded-school.\nAs was said in R. R. v. Davis, 19 N. C., 456: \u201cThe right of the public to private property, to the extent that the use of it is needful and advantageous to the public, must, we think, be universally acknowledged. Writers upon the laws of nature and nations treat it as a right inherent in society. There may, indeed, be abuses of the power, either in taking property without a just equivalent, or in taking it for a purpose really not needful or beneficial to the community; but when tho use is in truth a public one, when it is of a nature calculated to promote the general welfare, or is necessary to the common convenience, and the public is, in fact, to have the enjoyment of the property or of an easement in it, it cannot be denied that the power to have things before appropriated to individuals again dedicated to the service of the State is a power useful and necessary to every body politic.\u201d\nThis case has been approved on this point more than thirty times, and it would seem to follow from the principle declared that if a user for schools is a'public, use, that the General Assembly was acting within its powers.\nIn Lewis on Eminent Domain, vol. 1, sec. 270, the author says: \u201cProperty taken for public buildings of all kinds, such as city halls, courthouses, jails, public -schools, markets, almshouses, and the like, is taken for a public use,\u201d and statutes permitting the condemnation of land for school purposes were held to be constitutional in Long v. Fuller, 68 Pa. St., 170; Township Board v. Hockmann, 48 Me., 243; Williams v. School District, 33 Vt., 271.\nThis accords with the spirit of our Constitution, which says that \u201cschools and the means of education shall forever be en- . eouraged,\u201d because knowledge is \u201cnecessary to good government and the happiness of mankind,\u201d and which requires the General Assembly to \u201cprovide by taxation and otherwise for a general and uniform system of public schools\u201d for all the children of the State.\nWe find no error.\nAffirmed.",
        "type": "majority",
        "author": "AlleN, J."
      }
    ],
    "attorneys": [
      "W. L. Gaboon and J. K. Wilson for plaintiff.",
      "Ward and Thompson for defendant."
    ],
    "corrections": "",
    "head_matter": "BOARD OF SCHOOL TRUSTEES OF ELIZABETH CITY v. R. L. HINTON et als.\n(Filed 18 February, 1914.)\nConstitutional Law \u2014 Cities and Towns \u2014 Condemnation\u2014School Purposes.\nThe taking of lands for the purposes of public schools is for a public use, in contemplation of our Constitution; and an act of the Legislature empowering a town to condemn land for such purposes is constitutional.\nAppeal by defendant from Bragcm., J., at November Term, 1913, Of PASQUOTANK.\n\" This is a proceeding under chapter 140, Private Laws 1907, as amended by chapter 163, Private Laws 1909, to condemn land fpr school purposes.\nAll the issues and questions of fact were found in favor of the petitioner, and judgment was rendered condemning the land, and awarding the defendant $3,000, to which he excepted and appealed.\nW. L. Gaboon and J. K. Wilson for plaintiff.\nWard and Thompson for defendant."
  },
  "file_name": "0012-01",
  "first_page_order": 60,
  "last_page_order": 61
}