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The Texas Reports (Volume 102); Cases Argued and Decided in the Supreme Court of the State of Texas

The Texas Reports (Volume 102); Cases Argued and Decided in the Supreme Court of the State of Texas


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This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1910. Not illustrated. Excerpt: ... This is a suit by the city of Austin to recover of Joseph Nalle for the sum of $1163.50, assessed against a certain lot in the city of Austin for the expense of paving with vitrified brick the street in front of the same. The petition alleges that an ordinance was passed by the city council, providing for the paving of parts of Congress Avenue and Pecan Street, and also providing that in case the property owners where property abutted on said street should fail to pay for the improvement in front of their property the city should appoint Commissioners to assess the benefits to accrue from the improvements and that their report should be used for the assessment. The answer fails to show us that any complaint is made of a noncompliance with the ordinance of the city in making the assessment. The objections to the proceedings are aimed at the statute which authorized the ordinance. The trial court held that because the petition showed that the improvement had not been made but was to be made when the money was paid, the assessment was illegal, and gave judgment for the defendant; but upon appeal to the Court of Civil Appeals that court held since the work was not performed at the time the assessment was made, that no adequate compensation was made for the money that was assessed and that therefore the imposition was illegal. First it is maintained that the charge of $1163.50 made against the property is not taxation but the exercise of the right of eminent domain. But this is, in our opinion, a radical misconception of the law. Eminent domain is defined to be: 'The sovereign power vested in the State to take private property for the public use, providing first a just compensation therefor." (15 Cyc., 557.) "Taxes are defined to be burthens, or charges, imposed by t...


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Product Details
  • ISBN-13: 9781153960168
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 368
  • Spine Width: 19 mm
  • Width: 189 mm
  • ISBN-10: 1153960168
  • Publisher Date: 11 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 707 gr


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The Texas Reports (Volume 102); Cases Argued and Decided in the Supreme Court of the State of Texas
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