Hancock v. City of Muskogee

Citations

• 250 U.S. 454
• 39 S. Ct. 528
• 63 L. Ed. 1081
• 1919 U.S. LEXIS 1763

Syllabus

<p>Due process of law does not require that the owners of property to be assessed for a local sewer improvement shall be notified in advance of the formation and bounds of the improvement district, when this is established by the legislature directly or by a municipality to-which, full legislative power over the subject has been delegated by the State. P. 455.</p> <p>The case is different when the district is established by a board or other inferior tribunal exercising Only administrative or gmsi-judicial authority. P. 458.</p> <p>When the legislature itself prescribes that the cost of such an improvement shall be apportioned against the lots in the district in proportion to area, there is no occasion for a hearing with respect to the mode in which the assessment shall be apportioned. Id.</p> <p>How much of such cost shall be specially taxed to the property benefited, and whether the distribution shall be according to benefits to particular lots or according to frontage, values or area, are matters of legislative discretion, subject to judicial relief in cases of abuse or érror in execution. P. 459.</p>