Spencer v. Merchant

Citations

• 125 U.S. 345
• 8 S. Ct. 921
• 31 L. Ed. 763
• 1888 U.S. LEXIS 1937

Syllabus

<p>A judgment of the highest court of a State, sustaining the validity of an assessment upon lands under a statute of the State, which was alleged to be \\mconstitutional and void because it afforded to the owners no opportunity -to be heard upon the whole amount of the assessment, involves a decision against a right claimed under the provision of the Fourteenth Amendment to the Constitution of the United States prohibiting the taking of property without due process of law, and may be reviewed by this court on writ of error, although the Constitution of the State contains a similar provision, and no constitutional provision is specifically mentioned in the record of the State court.</p> <p>If the legislature of a State', in the exerfcise of its power of taxation, directs the expense-of laying out, grading or repairing a street to be assessed upon the owners of lands -benefited thereby; and determines the whole amount of the .tax, and what lands, which might be so benefited, are in fact benefited; and provides for notice to and hearing of each owner, at some stage of the proceedings, upon the question what proportion of the tax shall be assessed upon his land; there is no taking of his property without due process of'law, in violation of the Fourteenth Amendment to the Constitution of the United' States.-</p> <p>Pursuant to an act of the legislature of New York, the expense of grading a street .was assessed by commissioners upon the lands lying within three hundred feet on either side of the street, and which would, in the judgment of commissioners, be benefited. After the sums so-assessed upon some lots had been paid, the Court of Appeals of the State adjudged the assessment to be void, because the act made no provision for notice to or hearing of the. land-owners. .The legislature then passed another act, directing a sum equal .to so much of the first assessment as had not been paid, adding a proportional part of the expenses of making that assessment, and interest