McCandless v. City & County of Honolulu ex rel. Brown

Citations

• 24 Haw. 524
• 1918 Haw. LEXIS 6

Syllabus

<p>Municipal Corporations — eminent domain.</p> <p>The exercise of the power of assessment for the improvement of an existing street is by virtue of the taxing power and not of the law of eminent domain.</p> <p>Same — same—constitutional law.</p> <p>The right to take private property for taxes is distinguished from the eminent domain and is not repugnant to the Fifth Amendment of the Federal Constitution.</p> <p>Same — same—same—“due process of law.”</p> <p>An assessment for local improvement based upon frontage is not in conflict with the “due process of law” clause of the Constitution.</p> <p>Same — same—same—same.</p> <p>A party is not deprived of his property without due process of law by the enforced collection of taxes merely, because they, in individual cases, impose unequal burdens.</p> <p>Same — frontage tax — special benefits.</p> <p>An ordinance providing that all the lots abutting upon the portion of the street to be improved shall be assessed in proportion as the frontage of each lot is to the frontage of all the lots in the district, does not contravene the law that assessments for local public improvement shall be in proportion to the benefit.</p> <p>Same — same—protest.</p> <p>The word “owners” in section 1795 R. L. 1915, providing that owners might protest against local improvements, held not to include tenants or lessees prior to the passage of Act 239 Session Laws 1917.</p> <p>Same — same—limitation of actions.</p> <p>The legislature has power to prescribe the time within which actions or proceedings at law or in equity to review, question the validity or enjoin the enforcement of any improvement ordinance shall be instituted.</p> <p>Same — same—same.</p> <p>The thirty-day limitation within which actions or proceedings to review, question or enjoin the enforcement of a local improvement ordinance shall be brought commences to run from the last day of the publication of the assessment ordinance.</p>