Vacation of Howard St.

Citations

• 142 Pa. 601
• 21 A. 974
• 1891 Pa. LEXIS 782

Syllabus

<p>1. The provisions of § 6, act of April 21, 1858, P. L. 886, authorizing damages awarded to property owners for the vacation of a street in Philadelphia, to bo assessed by the viewers directly upon the owners of property benefited, is not unconstitutional: Centre St., 115 Pa. 247.</p> <p>2. ISTor, is the act unconstitutional on the ground that such procedure is the taking of one man’s property to pay the debts or damages due to another, for the basis of the assessment, as well as of the compensation, must he the special benefit or the special injury to the property affected by the vacation.</p> <p>3. And the enactment is not inoperative because there is no express provision for the appointment of a jury to assess damages for the vacation of a street. The words of the act expressly assimilating the duties of viewers for the opening and for vacation, the power in either case is necessarily implied.</p>