Houck v. Little River Drainage District
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OP MISSOURI. The facts, which involve the constitutionality under the Fourteenth Amendment of the Drainage District Act of Missouri, and of a tax levied thereunder, are stated in the opinion. The state court erred in adjudging that § 5538, Rev. Stat. Missouri, 1909, does not contemplate taking private property for public use without the compensation required by “due process of law” provided for by the Fourteenth Amendment.
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ERROR TO THE SUPREME COURT OP THE STATE OP MISSOURI. The facts, which involve the constitutionality under the Fourteenth Amendment of the Drainage District Act of Missouri, and of a tax levied thereunder, are stated in the opinion. The state court erred in adjudging that § 5538, Rev. Stat. Missouri, 1909, does not contemplate taking private property for public use without the compensation required by “due process of law” provided for by the Fourteenth Amendment. What may be done under this section construed in connection with all the Missouri drainage laws is the constitutional test to be…
1Opinion of the CourtJustice Hughes
The plaintiffs in error, owners of several thousand acres embraced within the Little River Drainage District, of Missouri, brought this suit to restrain the collection of. a tax of twenty-five cents per acre levied generally upon the lands within the district for the purpose of paying its preliminary expenses. The district was organized in 1907 under the provisions of article 3, chapter 122, Revised Statutes of Missouri, 1899, as amended by the act of April 8, 1905. Its board of supervisors appointed engineers who made surveys and recommended a plan of drainage. Upon the adoption of this…
2Cases cited17 opinions
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Bauman v. RossSupreme Court of the United States · 1897
- Norwood v. BakerSupreme Court of the United States · 1898
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3Cited by263 opinions
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- Lainhart v. CattsSupreme Court of Florida · 1917
- Gast Realty & Investment Co. v. Schneider Granite Co.Supreme Court of the United States · 1916
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