A Treatise on the Power of Special TaxationThe Lawbook Exchange, Ltd., 2004 - 389 halaman Ess, Henry N. A Treatise on the Power of Special Taxation: A Critical Analysis of Special Taxes for Local and Public Improvements, Considered with Reference to the Constitution, State and Federal, and the Restrictions Therein Contained. Kansas City: Pipes-Reed Book Co., 1907. x, 389 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-411-8. Cloth. $95. * Ess [b. 1840] warns that the power of local authorities to tax real estate to fund public improvements is a threat because it is nearly boundless. Marshalling an impressive array of contemporary cases, and historical examples from Magna Carta to the present, Ess assails the law: "The unlimited power of the English Parliament should not have been given to our city councils.... The public work contracted to be done may be ruinous to the property taxed and to the property-owner, yet the tax-bills issued for doing this injury are sacred constitutional obligations and valid to all intents and purposes in the hands of the original wrongdoer. Our state constitutions rival the constitution of Hell and far exceed it in iniquity.": Preface, v, ix. |
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Halaman 2
... such limits . The state Consti- tution of Missouri then provided that all property sub- ject to taxation should be taxed in proportion to its value . That Constitution did not confer the power of 2 [ Chap . 1 LAW OF LOCAL TAXATION .
... such limits . The state Consti- tution of Missouri then provided that all property sub- ject to taxation should be taxed in proportion to its value . That Constitution did not confer the power of 2 [ Chap . 1 LAW OF LOCAL TAXATION .
Halaman 51
... Consti- tution , indeed , " Holds the word of promise to the ear but breaks it to the hope . " This " just compensation " must in all cases be sub- ject to be taxed the same as all other property in the State . If the road be made a ...
... Consti- tution , indeed , " Holds the word of promise to the ear but breaks it to the hope . " This " just compensation " must in all cases be sub- ject to be taxed the same as all other property in the State . If the road be made a ...
Halaman 73
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Isi
| 1 | |
| 18 | |
| 53 | |
| 62 | |
Theories of Taxation | 84 |
Power of Taxation a Part of Sovereignty | 131 |
Power of Government as to Property Benefits and Damages | 155 |
Changes in Judicial Rulings | 169 |
Some Comparisons | 250 |
Further Changes | 260 |
ResultsInconsistencies | 277 |
Existing State of Constitutional Law and Rem edies Proposed | 291 |
Reasons which Prevent Judicial Interference | 315 |
Conclusion | 359 |
Table of Cases | 377 |
Index | 385 |
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A Treatise on the Power of Special Taxation: A Critical Analysis of Special ... Henry N. Ess Pratinjau tidak tersedia - 2017 |
Istilah dan frasa umum
abutting property amount assessed value authority burden City Charter City of St compensation condemnation Consti Constitution of 1875 constitutional law contractor corporation cost council Court of Missouri court say damaged for public damaging private property debt decision determine divorce Dred Scott eminent domain enacted erty exceptive benefit exempt exercise Garrett hundred per cent Illinois impairing the obligation injury issued judgment judicial jury Kansas City landowner lative lature legislative power Legislature levied lien limits Louis ment Missouri Constitution municipal bonds municipal corporations Newby ordinance owner paid peculiar pensation person Platte County power to tax prop property for public property-owner public improvements question railroad restriction road rule of constitutional Smith Smith's land special tax statute law Supreme Court taken for public taken or damaged taking private property taxation taxing power tion tution ultra vires uncon unconstitutional United valid void York Legislature
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Halaman 303 - Certainly all those who have framed written Constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be that an act of the Legislature repugnant to the Constitution is void...
Halaman 90 - No county, city, township, school district or other municipal corporation, shall be allowed to become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be .ascertained by the last assessment for State and county taxes, previous to the incurring of such indebtedness.
Halaman 231 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations...
Halaman 92 - ... after the passage of such appropriation act; and every such law. making a new appropriation, or continuing or reviving an appropriation, shall distinctly specify the sum appropriated, and the object to which it is to be applied ; and it shall not be sufficient for such law to refer to any other law to fix such sum.
Halaman 163 - It may well be doubted whether the nature of society and of government does not .prescribe some limits to the legislative power; and, if any be prescribed, where are they to be found, if the property of an individual, fairly and honestly acquired, may be seized without compensation...
Halaman 82 - This can only be obviated by adhering to the rule that constitutional provisions for the security of person and property should be liberally construed. A close and literal construction deprives them of half their efficacy, and leads to gradual depreciation of the right, as if it consisted more in sound than in substance. It is the duty of the courts to be watchful for the constitutional rights of the citizen, and against any stealthy encroachments thereon.
Halaman 305 - That it thus reduces to nothing what we have deemed the greatest improvement on political institutions — a written constitution — would of itself be sufficient, in America, where written constitutions have been viewed with so much reverence, for rejecting the construction.
Halaman 78 - That if any owner, importer, consignee, agent, or other person shall make or attempt to make any entry of imported merchandise by means of any fraudulent or false invoice, affidavit, letter, paper, or by means of any false statement, written or verbal, or by means of any false or fraudulent practice or appliance whatsoever, or shall be guilty of any willful act or omission by means whereof...