City of Norfolk v. Chamberlain

Citations

• 89 Va. 196
• 16 S.E. 730
• 1892 Va. LEXIS 89

Syllabus

<p>1. Municipal Improvements—Condemnation of land—Assessments for benefits—Case at bar.—G owned a vacant corner lot, fronting 23 feet on Granby street and 39 feet on Plume street. City of Norfolk proposed to widen Plume street ten feet. Abutting land-owners refused to sell. Condemnation proceedings were resorted to under the charter, corresponding to Code 1873, chapter 56, §§ 6-10. Commissioners reported that of C’s lot 10 feet fronting on Granby street, running back on Plume street 39 feet, must be,taken, and that he was entitled to $1,200 for the land taken and for the damages to the residue above the peculiar benefits. City accepted and paid the estimate. About five months later the city assessed a tax of $1,500 against the residue for the peculiar benefits or betterments.</p> <p>Held :</p> <p>Under its charter the city had no authority to impose any such burden.</p> <p>2. Constitutional Law—'Quxre.—Whether or not the Constitution of Virginia, Art. X., § 1, which declares that “ taxation, whether imposed by the state, county, or corporate bodies, shall be equal and uniform,” and that “ no one species of property shall be taxed higher than any other species of equal value,” allows any legislation authorizing local assessments on the part of a city for public improvements ?</p>