Louisville & Nashville Railroad v. Barber Asphalt Paving Co.
Citations
- 197 U.S. 430
- 25 S. Ct. 466
- 49 L. Ed. 819
- 1905 U.S. LEXIS 1190
Syllabus
<p>In determining whether an improvement does, or does not, benefit property within the assessment district, the land should be considered simply in its general relations and apart from its. particular use at the time; and an assessment, otherwise legal, for grading, paving and curbing an adjoining street is not void under the Fourteenth Amendment because the lot is not benefited by the improvement owing to its present particular use.</p> <p>A system of delusive exactness should not be extracted from the very general language ■ of the Fourteenth Amendment in order to destroy methods of taxation which were well known when the Amendment was adopted, and which no one then supposed would be disturbed.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- Constitution does not require precise equality of burdens and benefits, and potential benefits may satisfy constitutional requirements even though they are not actually realized in the present use of the assessed land
Source: CourtListener parenthetical corpus (CC0).
Judges: Holmes, Harlan, White, Peckiiam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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