"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 .