Mayor of Monroe v. Johnson

Citations

• 106 La. 350

Syllabus

<p>Syllabus.</p> <p>1. The power to improve its streets being vested in a municipality, the corporation may, unless restricted by statute, adopt any one or more of several methods of effecting the improvement. For instance, where graveling the streets is determined on, it could let the work by contract, or it could purchase the gravel and hire conveyances and teams for its delivery and distribution, or it could purchase a gravel pit and an outfit for the taking out and transportation of the gravel.</p> <p>2. Where the latter course is resorted to, the land where the gravel pit is, together with the plant and outfit needed for working and operating it, is property which, while not essential to the existence of the corporation, is necessary for. the useful and proper exercise of one of its functions.</p> <p>3. Such property so acquired and used is not subject to seizure at the hands of the judgment creditors of the corporation.</p> <p>4. Whether or not property held as public property is necessary for the public use is a political rather than a judicial question.</p>