St. Louis & San Francisco Railroad v. Fort Smith & Van Buren Bridge District
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith. District; Daniel Hon, Judge; 1. The construction of the bridge has been a detriment and has not been an advantage to the railroad company’s property.
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Appeal from Sebastian Circuit Court, Fort Smith. District; Daniel Hon, Judge; 1. The construction of the bridge has been a detriment and has not been an advantage to the railroad company’s property. Local assessments rest solely on special benefits to the property assessed. 50 Ark. 116; 64 Id. 555. If not benefited, property is not subject to assessment. 68 Ark. 376; 69 Id. 68-73. Any statute authorizing an assessment greater than the special benefit to property is unconstitutional. 71 Ark. 17-27; 86 Id. 1-8; 96 Id. 410-416; 97 Id. 322-331; 98 Id. 543-9; 90 Am. Dec. 634-41-2-3-4; 71 Atl.…
1Opinion of the CourtMcCulloch, C. J.
This ease involves separate appeals of two railway corporations from assessments of benefits for taxation in support of the Fort Smith & Yan Burén Bridge District, an improvement district created by a special act of the Legislature of 1909, authorizing the construction of a bridge across the Arkansas Biver. Benefits were assessed by the board of assessors, and each of appellant companies prosecuted an appeal to the board of commissioners, thence to the county court, as provided by the statute, and thence to the circuit court.
The assessments made by the board of assessors were sustained by the…
2Cases cited3 opinions
- Louisville & Nashville Railroad v. Barber Asphalt Paving Co.Supreme Court of the United States · 1905
- Salmon v. Board of Directors of Long Prairie Levee DistrictSupreme Court of Arkansas · 1911
- Schuman v. SandersonSupreme Court of Arkansas · 1904
3Cited by15 opinions
- Missouri Pacific Railroad v. Conway County Bridge DistrictSupreme Court of Arkansas · 1918
- Thomas v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1921
- Missouri Pacific Railroad v. Izard County Highway Improvement District No. 1.Supreme Court of Arkansas · 1920
- Chicago, Rock Island & Pacific Railway Co. v. Road Improvement District No. 1Supreme Court of Arkansas · 1919
- Kansas City Southern Railway Co. v. Road Improvement District No. 6Supreme Court of Arkansas · 1919
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