Burr v. Beaver Dam Drainage District
Supreme Court of Arkansas
Appeal from Greene Circuit Court; B. E. Dudley, Judge; 1. Apt 222, special act, is a legislative exercise of judicial power and is unconstitutional and void. 58 Ark. 117,121-2. 2. It attempts to validate assessments that are wholly void. Ih; 119 Id. 188; 86 Id. 1; 181 U. S. 324; lb. 371, 396; 239 Id. 478; 216 S. W. 690. 3. The assessments are unreasonable, arbitrary, oppressive and confiscatory. 216 S. W. 692 and supra.
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Appeal from Greene Circuit Court; B. E. Dudley, Judge; 1. Apt 222, special act, is a legislative exercise of judicial power and is unconstitutional and void. 58 Ark. 117,121-2. 2. It attempts to validate assessments that are wholly void. Ih; 119 Id. 188; 86 Id. 1; 181 U. S. 324; lb. 371, 396; 239 Id. 478; 216 S. W. 690. 3. The assessments are unreasonable, arbitrary, oppressive and confiscatory. 216 S. W. 692 and supra. The special act violates the “due process” clauses of our State and United States Constitutions. 1. The act is valid. The Legislature had the power to adopt as correct the…
1Opinion of the CourtHart, J.
In each of these cases an appeal is prosecuted from the judgment of the circuit court dismissing the appeal of landowners from the decision of the commissioners of Beaver Dam Drainage District fixing certain ditch assessments against their lands.
The material facts are as follows: Special act No. 578, creating Beaver Dam Drainage District, was approved April 1, 1919. Acts of Arkansas, 1919. Special, p. 752. The Legislature convened in extraordinary session in October, 1919, and amended act 578 by adding to the district about 1,000 acres in Greene County and 2,200 acres in Randolph County. See…
2Cases cited15 opinions
- Norwood v. BakerSupreme Court of the United States · 1898
- Houck v. Little River Drainage DistrictSupreme Court of the United States · 1915
- Myles Salt Co. v. Board of Comm'rs of Iberia and St. Mary Drainage Dist.Supreme Court of the United States · 1916
- Monette Road Improvement District v. DudleySupreme Court of Arkansas · 1920
- Booe v. Road Improvement District No. 4Supreme Court of Arkansas · 1919
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3Cited by4 opinions
- Farelly Lake Levee District v. HudsonSupreme Court of Arkansas · 1925
- Drainage District 18, Craighead Cty. v. McMeenSupreme Court of Arkansas · 1931
- Taylor v. Board of Commissioners of Cache River Drainage District No. 2Supreme Court of Arkansas · 1922
- Lee v. Osceola & Little River Road Improvement District No. 1Supreme Court of Arkansas · 1924