"
"The buildings, premises and paraphernalia of a nuisance are not
legitimate property and have no rights in law. Damages cannot be recovered
for their destruction by an individual. The question of malice does
not enter into the case at all."
I Bishop's Criminal Law 828; I Hilliard on Torts, 605.
"At common law it was always the right of a citizen, without official
authority, to abate a public nuisance, and without waiting to have it
adjudged such by legal tribunal. His right to do so depended upon the
fact of its being a nuisance. If be assumed to act upon his own adjudication
that it was, and such adjudication was afterwards shown to be
wrong, he was liable as a wrong-doer for his error, and appropriate damages
could be recovered against him. This common law right still exists
in full force. Any citizen, acting either as an individual or as a public
official under the orders of local or municipal authorities, whether such
orders be or be not in pursuance of special legislation or charter provisions,
may abate what the common law deemed a public nuisance. In
abating it, property may be destroyed, and the owner deprived of it
without trial, without notice and without compensation. Such destruction
for public safety or health is not a taking of private property for
public uses without compensation, or due process of law, in the sense
of the constitution. It is simply the prevention of its noxious and unlawful
use, and depends upon the principle that every man must so use his
property as not to injure his neighbors, and that the safety of the public
is the paramount law.
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