St. Louis, Iron Mountain & Southern Railway Co. v. Board of Directors of Levee District No. 2
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; Charles Coffin, Judge; 1. Where a railway company will not be benefited by the construction of a proposed levee, to compel it to pay assessments therefor would amount to taking its property without due process of law.
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Appeal from Jackson Circuit Court; Charles Coffin, Judge; 1. Where a railway company will not be benefited by the construction of a proposed levee, to compel it to pay assessments therefor would amount to taking its property without due process of law. The benefits derived from such an improvement should be such as are real and substantial, direct and special. 81 Ark. 564; 172 U. S. 269; 83 Ark. 54; Id. 351; 86 Ark. 8; Id. 231. 2. The appellant will be damaged by reason of the construction of the proposed levee, for which no compensation has, been made or provided. Even if appellant’s roadbed…
1Opinion of the CourtWood, J.
The Legislature of 1909 (Acts 1909, c. 229), passed an act creating a levee district embracing certain lands in Jackson County. The district is designated in the act as “Levee District No. 2.” The district is declared a body corporate. Certain individuals (three in number) are named as directors, and upon them are conferred certain powers and enjoined certain duties which are specifically set forth in the act. Acting under these prescribed powers, the board of directors passed the following resolution:
“That a tax of seven per cent, for the year 1909 be and the same is hereby levied on all the…
2Cases cited12 opinions
- Hibben v. SmithSupreme Court of the United States · 1903
- Kirst v. Street Improvement District No. 120Supreme Court of Arkansas · 1908
- Butler v. Board of Directors of Fourche Drainage DistrictSupreme Court of Arkansas · 1911
- McCoy v. Board of DirectorsSupreme Court of Arkansas · 1910
- Moore v. Board of DirectorsSupreme Court of Arkansas · 1911
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Middleton v. Texas Power & Light Co.Texas Supreme Court · 1916
- Rainwater v. HaynesSupreme Court of Arkansas · 1968
- In Re GibsonNew Mexico Supreme Court · 1931
- Nakdimen v. Fort Smith & Van Buren Bridge DistrictSupreme Court of Arkansas · 1914
- Board of Directors of Jefferson County Bridge District v. CollierSupreme Court of Arkansas · 1912
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