Oklahoma Railway Co. v. Severns Paving Co.

Citations

• 251 U.S. 104
• 40 S. Ct. 73
• 64 L. Ed. 168
• 1919 U.S. LEXIS 1855

Syllabus

<p>A decree of a state court directing an assessment of land to pay for a public improvement should not be so framed as to leave in doubt the right of the property owner to be heard on the amount of the assessment. P. 107.</p> <p>la platting land outside of a city the owners dedicated in fee to a street railway company, to induce it to extend its line, a strip, for a right of way, 40 feet wide, along the center of a boulevard,, on condition that the strip be subject to reasonable police regulations and that the grantee construct crossings and curb and pave them whenever* the boulevard should be paved. Held, that the strip was subject to special assessment by the city for paving the roadways of the boulevard, after inclusion in the city limits, and that the company’s contract rights were not thereby impaired. Id.</p> <p>Provisions in a street railway franchise defining the grantee’s obligation to pave certain portions of the city streets occupied by its lines, held not to affect the city’s right to impose a paving tax on a strip of land, in the center of the street paved, owned by the company in ■ fee. Id.</p> <p>67 Oklahoma,-, modified and affirmed.</p>