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 15
... cost of doing this damage , making the real loss $ 3,050 . The establishment of the factories would have benefited Topeka and La Grange . The damage would not have been ten times the cost of the factories . " It may be often difficult ...
... cost of doing this damage , making the real loss $ 3,050 . The establishment of the factories would have benefited Topeka and La Grange . The damage would not have been ten times the cost of the factories . " It may be often difficult ...
Halaman 35
... cost of it in proportion to the benefit each will derive from the road . " ( Newby v . Platte County , 25 Mo. loc . cit . 264. ) This case was tried on an agreed statement of facts . One and one - half acres of land were taken , worth ...
... cost of it in proportion to the benefit each will derive from the road . " ( Newby v . Platte County , 25 Mo. loc . cit . 264. ) This case was tried on an agreed statement of facts . One and one - half acres of land were taken , worth ...
Halaman 48
... costs charged like liabilities con- tracted by themselves and may be sued therefor ac- cordingly . " And the tax - bill on each lot is a lien on that lot . The act incorporating St. Joseph was held unconstitutional by the lower court ...
... costs charged like liabilities con- tracted by themselves and may be sued therefor ac- cordingly . " And the tax - bill on each lot is a lien on that lot . The act incorporating St. Joseph was held unconstitutional by the lower court ...
Halaman 49
... cost of the street - paving on the ad- joining land according to the benefit , then the benefits in the St. Joseph case " must have had some limit " as well as in Garrett v . St. Louis . Then to sell the abut- ting land in the St ...
... cost of the street - paving on the ad- joining land according to the benefit , then the benefits in the St. Joseph case " must have had some limit " as well as in Garrett v . St. Louis . Then to sell the abut- ting land in the St ...
Halaman 56
... cost of which was under the statute a lien or charge against the lot . General taxes were levied on this lot . The general tax and the local tax were delinquent and were in the hands of defendant Ausmus as collector for col- lection ...
... cost of which was under the statute a lien or charge against the lot . General taxes were levied on this lot . The general tax and the local tax were delinquent and were in the hands of defendant Ausmus as collector for col- lection ...
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
Bagian yang populer
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...