Von Damm v. Conkling

Citations

• 23 Haw. 487
• 1916 Haw. LEXIS 51

Syllabus

<p>Constitutional Law — municipal corporations — taxation by special assessment.</p> <p>A statute providing that the cost of a highway improvement shall be assessed against the lands benefited by the improvement cannot be said to provide .for or constitute a taking of private property for public use without just compensation or without due process of law because it does not' expressly provide that the amount of an assessment shall not substantially exceed the special benefit conferred. Much latitude must be left to the legislature in determining the method of assessment, and a statute can be successfully called in question only when it is so devoid of any reasonable basis as to constitute an arbitrary abuse of power.</p> <p>Municipal Corporations — indebtedness—bonds payable only out of special fund.</p> <p>The issuance of bonds payable only out of a specific fund raised by a special tax for a public improvement does not constitute municipal indebtedness within the meaning of fundamental limitations upon such indebtedness. That a contingent future liability on the part of the municipality may exist in connection with such issuance does not alter the rule.</p> <p>Same — proceedings under improvement statutes — special assessments.</p> <p>Where a statute authorizes highway improvements to be made at the cost of property specially benefited upon assessments levied according to area or frontage, one improvement district may include a combination of improvements, and the assessment as to some be made according to area and as to others according to frontage.</p> <p>Same — public contracts — time limit for execution of contract.</p> <p>The provision of R. L. 1915, Sec. 1798, that no bid for a contract for a highway improvement shall be considered unless accompanied by a certified check payable to the city and county, which check shall be forfeited unless the bidder shall sign the contract and furnish an approved bond within ten days after the contract is awarded, held to b