City of Roswell v. Bateman

Citations

• 20 N.M. 77

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Upon a motion made for a cost bond, under the provisions of section 2892, Comp. Laws 1897, it is discretionary with the court as to whether plaintiff shall be ruled by give such bond.</p> <p>P. 83</p> <p>2. Where ■ the rights of a city under a claim of lien had become fixed at the time the provisions of the Constitution-became effective and in force, its rights would not be affected because the law, under which its right to the lien accrued, might conflict with the Constitution, as such rights. were preserved by section 4, art. 22, of the Constitution.</p> <p>P. 83'</p> <p>3.An assessment for a local improvement, levied under the .“front foot rule,” instead of according to benefits accruing to the property assessed, does not violate the fourteenth amendment to the Constitution of the United -States.</p> <p>P. 84</p> <p>4. The authority to require the property specially-'benefited to bear the expense of a local improvement is a' branch of the taxing power, or included within it, and the question as to whether the expense of making such improvement shall be paid out of the general treasury, or to be assessed upon the abutting or other property specially benefited, and if in the latter mode, whether the assessment shall bfe upon all the property found to be benefited, • or alone'1 upon the abutters, according to frontage or according to the area of their lots, is a question of legislative-expediency.,</p> <p>P. 84</p> <p>5. Where an assessment levied for a street -improvement can only be enforced by the filing of a notice of lien, and foreclosing the same in the same manner that mortgages on real estate are foreclosed, and as such foreclosure can only be had upon notice to the property owner, there is no taking of property without due process of law, although neither the statute nor ordinance adopted in pursuance thereof makes provision for notice to the owner of property of the levying of assessments for street improvements.</p> <p>