Doane v. Pere Marquette Railway Co.

The question here presented is thus stated by counsel for the appellant:

“Is the track and right of way of the defendant company situated outside the corporate limits of a city or village liable to assessment for benefits for construction of a public drain, or is such track and right of way exempt from such taxation?”

Prior to 1909 the drain ’ law provided that the commissioner should include in his assessment for benefits all property through which a proposed drain should run. 2 Comp. Laws 1897, § 4344. This law was amended by Act No. 320, Pub. Acts 1909. Section 1 of chapter 5 provided for…