Payne v. Road Improvement District No. 1
Supreme Court of Arkansas
Appeal from Howard Circuit 'Court; A. P. Steel, special Judge; A bill of exceptions and motion for new trial were unnecessary. 68 Ark. 180; 100 Ark. 515; 105 Ark. 1. The Legislature cannot take from one the right of his day in court. Const. 1874, art. 2, sec. 13. The right of property is higher than any constitutional sanction, and private property cannot be taken, appropriated or damaged for public use, without just compensation.
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Appeal from Howard Circuit 'Court; A. P. Steel, special Judge; A bill of exceptions and motion for new trial were unnecessary. 68 Ark. 180; 100 Ark. 515; 105 Ark. 1. The Legislature cannot take from one the right of his day in court. Const. 1874, art. 2, sec. 13. The right of property is higher than any constitutional sanction, and private property cannot be taken, appropriated or damaged for public use, without just compensation. Const. 1874 art. 2, sec. 22. Special assessments for local improvements find their only justification in the peculiar and special benefits which they bestow on the…
1Opinion of the CourtHumphreys, J.
This is the second appeal in this case. One purpose of the first appeal was to test the question of whether the south half of sections 8, 9 and 10 and all of sections 14, 15, 16, 17 and 18, township 8 south, range 28 west, in the county of Howard, were subject to assessment for benefits in Road Improvement District No. 1, in Howard County, Arkansas. The trial court, in the first trial, held that it was not within the power of the Legislature to include said lands in the road improvement district and to authorizé their assessment for benefits after they had been exempted by the county court…
2Cases cited1 opinion
- Payne v. Road Improvement District No. 1Supreme Court of Arkansas · 1921
3Cited by1 opinion
- Bacon v. Road Improvement District No. 1Supreme Court of Arkansas · 1923