Chicago, Rock Island & Pacific Railway Co. v. Road Improvement District No. 1
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Northern Dis-. trict; Thomas C. Trimble, Judge; The court erred in refusing the requests of appellant for findings of facts and declarations of law and the assessments are excessive and unreasonable and a burden on interstate commerce. Railroad property should be assessed on an acreage basis and the same amount per acre as other lands in the district equally distant from the road.
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Appeal from Prairie Circuit Court, Northern Dis-. trict; Thomas C. Trimble, Judge; The court erred in refusing the requests of appellant for findings of facts and declarations of law and the assessments are excessive and unreasonable and a burden on interstate commerce. Railroad property should be assessed on an acreage basis and the same amount per acre as other lands in the district equally distant from the road. The future increase in business as the country develops is not a direct benefit and cannot be considered. Acts 1914, No. 212, § § 4 and 14-18; Acts 1913, No. 212; 118 Ark. 119-124;…
1Opinion of the CourtMcCULLOCH, C. J.
Appellee is a road improvement district organized under the provisions of a special statute applicable to Lonoke and Prairie Counties. Acts 1913, p. 864. The highway to be improved runs parallel with the line of railroad of appellant and through the incorporated towns of DeValls Bluff and Biscoe, which are located on appellant’s railroad. Appellant’s railroad is included within the boundaries of the district and the benefits thereon have been assessed, together with the other real property in the district for the purpose of raising funds to pay for the construction of the improvement.. The…
2Cases cited2 opinions
- Missouri Pacific Railroad v. Conway County Bridge DistrictSupreme Court of Arkansas · 1918
- St. Louis & San Francisco Railroad v. Fort Smith & Van Buren Bridge DistrictSupreme Court of Arkansas · 1914
3Cited by9 opinions
- Missouri Pacific Railroad v. Izard County Highway Improvement District No. 1.Supreme Court of Arkansas · 1920
- Kansas City Southern Railway Co. v. Road Improvement District No. 6Supreme Court of Arkansas · 1919
- Doniphan Lumber Co. v. Cleburne CountySupreme Court of Arkansas · 1919
- Burr v. Beaver Dam Drainage DistrictSupreme Court of Arkansas · 1920
- Hines v. Road Improvement District No. 5Supreme Court of Arkansas · 1920
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