Town of Rayne v. Harrel

Citations

• 119 La. 652
• 44 So. 330
• 1907 La. LEXIS 534

Syllabus

<p>1. Municipal Corporations — Construction op Sidewalks — Validity op Ordinance-Statutes — Repeal—Lien .</p> <p>The town has a population of less than 2,500 inhabitants.</p> <p>It has the power delegated to it by Laws 1898, p. 224, No. 136,' under which it claims to have the authority to require property owners to construct and maintain their sidewalks.</p> <p>Under that authority, it claims to have the right to construct the .sidewalks for account of the own-er.</p> <p>2. Same — Repeal op Statute.</p> <p>Paragraph 19 of section 15 of Act No. 136, p. 230, of 1898, is not repealed by Act No. 131, p. 295, of 1904, which repeals section 34 of the first-cited act, and that, only, as relates to cities.</p> <p>The unrepealed paragraph reads: “To cause to ■be constructed and maintained sidewalks, determine materials, plans and specifications and grades on the same, and levy and collect taxes by special assessment for payment of same.”</p> <p>3. Same — 'Validity oe Ordinance.</p> <p>The ordinance that plaintiff seeks to enforce was not drawn in accordance with the delegated power contained in paragraph 19 of section 15 of Act No. 136, p. 230, of 1898, whatever that power may be. The formalities have not been followed.</p> <p>4. Same — Assessments—Lien.</p> <p>The right to lieu and privilege on property, as relates to local assessment for purposes of •improvement, is statutory. There is no statute upon the subject.</p> <p>(Syllabus by the Court.)</p>