Author Description

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 Excerpt:...were paid, and the amount of such damages, together with all 8. Increased Rate Of Taxation Caused By Alteration Of Municipal Boundaries. The increased rate of taxation resulting from the incorporation of a city, or from the annexation thereto of territory, does not constitute the act of taking private property for public use,27 except where the annexed territory is not so located as to constitute a proper addition to the city and the evident purpose thereof is to subject the property to taxation for the exclusive benefit of the city.28 4. In Aid Of Railroads. The acts authorizing counties, cities, and towns to subscribe to the capital stock of a railroad company, or to issue bonds to aid in the construction of a railroad, are not unconstitutional as taking private property for public use without just compensation,29 but are a legitimate exercise of the taxing power. The clause prohibiting the taking of private property for public use without just compensation has no reference to taxation.30 B. The Police Power. Regulations to govern the use of property by its owners, so as to prevent its becoming pernicious to the citizens at large, and so that its use shall be consistent with the public welfare and the rights, security, and health of others do not constitute a taking within constitutional restrictions as to the taking of property, although they may interfere with private rights without providing for compensation.31 Such interference with property is proper the costs and expenses of the condemnation, were assessed back on the remaining property of plaintiff, lying on either side of the street, without inquiry as to special benefits, constituted a taking of plaintiff's property for public use without compensation, to the extent of the excess of the cost of o...