Ritter v. Drainage District No. 1
Supreme Court of Arkansas
Appeal from Poinsett Circuit Court; Allen Hughes, Judge; 1. The act is unconstitutional, in that it provides for the taking of property without just compensation or due process of law. Under the act of Congress of September 28, 1850, the State took the lands as trustee for the reclamation of the lands by the construction of levees and drains.
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Appeal from Poinsett Circuit Court; Allen Hughes, Judge; 1. The act is unconstitutional, in that it provides for the taking of property without just compensation or due process of law. Under the act of Congress of September 28, 1850, the State took the lands as trustee for the reclamation of the lands by the construction of levees and drains. The object of the act was not that these lands should be used as a means of revenue to the State. 2. It is also unconstitutional because it does not restrict the assessment to the value of the benefit conferred upon the landowner. 9 Am. Dec. 634; 6 Vroom…
1Opinion of the CourtMcCulloch, J.
This is a proceeding commenced in the county court of Poinsett County to establish a drainage district under the act of April 23, 1903 (Kirby’s Digest, § § 1414-1450), for the purpose of constructing a ditch or drain along a certain route through lands described into the St. Francis River.
The petition for the establishment of the district was signed by eight landowners whose lands were to be affected by the proposed improvement, in accordance with the requirements of the statute, and was duly filed and presented to the county court, and the petitioners gave bond as provided by the statute.
The…
2Cases cited5 opinions
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- New York & New England Railroad v. BristolSupreme Court of the United States · 1894
- Cribbs v. BenedictSupreme Court of Arkansas · 1897
- Stiewel v. Fencing District No. 6Supreme Court of Arkansas · 1902
- Pittsburgh, Cincinnati, Chicago & St. Louis Railroad v. MachlerIndiana Supreme Court · 1902
3Cited by7 opinions
- Riley, County Clerk v. CaricoSupreme Court of Oklahoma · 1910
- Alley v. City of MuskogeeSupreme Court of Oklahoma · 1916
- Board of Improvement District No. 5 v. OffenhauserSupreme Court of Arkansas · 1907
- Dickerson v. Tri-County Drainage DistrictSupreme Court of Arkansas · 1919
- Driver v. MooreSupreme Court of Arkansas · 1906
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