California, United States of America
The following excerpt is from Podesta v. Linden Irrigation District, 141 Cal.App.2d 38, 296 P.2d 401 (Cal. App. 1956):
'* * * it should be obvious that the police power doctrine cannot be invoked in the taking or damaging of private property in the construction of a public improvement where no emergency exists. To hold otherwise would in effect destroy the protection guaranteed by our Constitution against the taking or damaging of private property for a public use without compensation.' Rose v. State of California, supra, 19 Cal.2d at page 730, 123 P.2d at page 515.
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