Missouri Pacific Railroad v. Monroe County Road Improvement District
Supreme Court of Arkansas
Appeal from Monroe Chancery Court; John M. Elliott, Chancellor; Acts Nos. 121 and 202, 1917, are null and void because (1) they are local acts and passed in violation of article 5, section 26,.Constitution; (2) being special or local acts they violate also section 24, article 25, of the Constitution, as a general act could have been made applicable and there was then a general act in force 'known as the Alexander Road Law; (3) under section 7, article 2, Constitution, the…
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Appeal from Monroe Chancery Court; John M. Elliott, Chancellor; Acts Nos. 121 and 202, 1917, are null and void because (1) they are local acts and passed in violation of article 5, section 26,.Constitution; (2) being special or local acts they violate also section 24, article 25, of the Constitution, as a general act could have been made applicable and there was then a general act in force 'known as the Alexander Road Law; (3) under section 7, article 2, Constitution, the property owners were entitled to have their rights as to the amounts of benefits assessed heard and determined by a jury.…
1Opinion of the CourtMcCULLOCH, C. J.
The Monroe County Road Improvement District was created as a local improvement district by a special statute enacted by the General Assembly of 1917, authorizing the improvement of a highway running a distance of about twenty-two miles across Monroe County, from a point on Cache River, opposite the railroad station at Brassfield and running easterly parallel with the line of railroad of the Chicago, Rock Island & Pacific Railway Company to the east line of Monroe County. The route does not run entirely parallel with the line of railroad referred to, but substantially so, there being…
2Cited by4 opinions
- Rogers v. Arkansas-Louisiana Highway Improvement DistrictSupreme Court of Arkansas · 1919
- Farelly Lake Levee District v. HudsonSupreme Court of Arkansas · 1926
- Howell v. White River Levee DistrictSupreme Court of Arkansas · 1927
- Patterson v. Road Improvement District No. 3Supreme Court of Arkansas · 1920