Opinion

Bachman v. State

  • 235 Ark. 339
  • 359 S.W.2d 815
  • 1962 Ark. LEXIS 579
Court
Supreme Court of Arkansas
Filed
Sep 10, 1962
Status
Published
Author
McFaddin
On the bench
Ward, McFaddin
Cited by
10 cases
Authority
More cited than 10.7%

"The state cannot of course destroy or injure a person's private property without just compensation and without due process of law."

How later courts described this case

  • "The state cannot of course destroy or injure a person's private property without just compensation and without due process of law."

Written by the judges who cited it.

The opinion

Ed. F. McFaddin, Associate Justice (Concurring). I agree that the Act here under consideration is unconstitutional. See State v. Brown, 250 N. C. 54 , 108 S. E. 2d 74 .

The purpose of this concurrence is to indicate my view that the State can accomplish what it is seeking to do — i. e., police junk yards on or near highways — by declaring the operation of such yard to be a privilege, and by designating some agency or authority to grant permits, upon reasonable rules and regulations as to conditions, sanitation, maintenance, etc. For the benefit of those interested, I cite the following: State v. Kievman, 116 Conn. 458 , 165 A. 601 , 88 A.L.R. 962 ; and see also annotations entitled, “Regulation of Junk Dealers,” in 88 A.L.R. 970 , and 45 A.L.R. 2d 1391 ; and annotation entitled, “Automobile Wrecking Yard or Place of Business as Nuisance,” in 84 A.L.R. 2d 653 . See also generally Vt. Salvage Corp. v. Village of St. Johnsbury (Vt.)., 34 A. 2d 188 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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