Missouri Pacific Railroad Company v. Monroe County Road Improvement District
| Decision Date | 17 February 1919 |
| Docket Number | 108 |
| Citation | 209 S.W. 728,137 Ark. 568 |
| Parties | MISSOURI PACIFIC RAILROAD COMPANY v. MONROE COUNTY ROAD IMPROVEMENT DISTRICT |
| Court | Arkansas Supreme Court |
Appeal from Monroe Chancery Court; John M. Elliott, Chancellor affirmed.
Decree affirmed.
W. R Satterfield, Troy Pace, Buzbee & Pugh, Hawthorne & Hawthorne Daniel Upthegrove, Bogle & Sharp and Emerson & Donham, for appellants.
Acts Nos. 121 and 202, 1917, are null and void because (1) they are local acts and passed in violation of article 5, section 26, Constitution; (2) being special or local acts they violate also section 24, article 25, of the Constitution, as a general act could have been made applicable and there was then a general act in force known as the Alexander Road Law (3) under section 7, article 2, Constitution, the property owners were entitled to have their rights as to the amounts of benefits assessed heard and determined by a jury. Art. 7, § 1, Const. (4) The acts violate section 5, article 16, Constitution, providing for equality and uniformity of assessments and taxation. (5) The acts provide for assessment of benefits, but do not provide for the payment of all damages the property may receive on account of the construction of the improvement and violate also section 13, article 2, Constitution, and there was discrimination against the appellants. § 18, art. 2, Const. (6) The property of appellants is an integral part of an interstate railroad system extending through Arkansas, Missouri and Louisiana and other States and engaged in interstate commerce and any assessment of benefits would be placing a burden on interstate commerce and violative of article 1, United States Constitution, and the interstate commerce acts. (7) Said acts levy an ad valorem tax for local improvements on real and personal property. (8) Personal and mixed property cannot be assessed for local improvements or in local improvement districts. But if said acts are valid yet the assessments are null and void because (1) the commissioners have not qualified by taking the oath required by section 2 of Act No. 121. (2) The commissioners did not call upon the State Highway Department to make preliminary surveys and plans and specifications and estimates as to cost, etc., and said department has not made nor filed such plans, surveys and estimates, as required by section 5 of said Act 121. (3) The commissioners have employed engineers who have prepared plans without the approval of said Highway Department. (4) Said commissioners have not filed in the office of the county clerk complete plans, etc., approved by said Highway Department as required by the acts. (5) The county clerk did not publish for the time and manner required by law notice of the filing of the plans, etc. (6) The county court has never approved any plans, specifications, etc., for the specified improvement nor adopted any such plans, etc., as is required by said acts. (7) Even if the county court had attempted to approve such plans, etc., such attempt did not comply with said acts and such plans, etc., were incomplete and were not approved by the Highway Department. (8) Said assessments do not show nor state the benefits to be received by each tract or parcel of land, railroad or tram road within the district, nor show the real estate that will be damaged by reason of said improvement, nor the amount of damage, nor did the clerk give notice according to law, nor has the county court approved any plans, etc., as required by law. The estimate of cost exclusive of interest exceeds thirty per cent. of the assessed value of the real property within the district and exceeds $ 8,500 per mile for each mile of road and the estimate includes and takes into consideration funds to be furnished or appropriated by the United States and the State of Arkansas and County of Monroe and from the 3-mill tax to be collected on the property in the district.
The benefits assessed are unjust and arbitrary and discriminatory and excessive and not in proportion to the assessments upon other property in the district for the reason that (1) the property of complainants consists entirely of a right-of-way and railroad track five miles in length, and it is impossible to benefit it. Other property will receive a direct benefit but the railroad property will not, hence the assessment is arbitrary and excessive. 59 Ark. Law Rep. 146, vol. 5; Kirby & Castle's Digest, section 8568; 1 Int. C. C. Rep. 1; 230 U.S. 352; 64 Ark. 555; 240 U.S. 55; 118 Ark. 303; 112 N. W.; 101 Minn. 488; 11 L. R. A. (N. S.) 277; 197 U.S. 430; 45 S.E. 566; 48 F. 377; 81 Ark. 562; 100 Id. 562; 121 Id. 114; 68 Id. 176; 119 Id. 254; 192 S.W. 926; 102 Id. 371; 62 A. L. Rep. 150; 113 Ark. 493; 134 N.Y.S. 883; 230 U.S. 232, 475; 111 Ark. 474; 99 N.E. 638; 25 Id. 962; 205 U.S. 135; 172 Id. 269; 181 Id. 324; 239 Id. 206; 239 Id. 478; 197 Id. 430; 239 Id. 254; 181 Id. 234, 196, etc.
C. F. Greenlee and Rose, Hemingway, Cantrell & Loughborough, for appellee.
42 F. 377 is not applicable here, because the facts are different, as well as the evidence. The Legislature clearly had the power to include all the plaintiff's property and to assess according to the benefits received. Railroad property is taxable for local benefits and the manner is matter for the law-making power. 197 U.S. 430; 113 Ark. 493. The other objections by appellants are untenable. The assessment is not excessive nor unreasonable. 97 Ark. 334; 113 Ark. 496; 205 S.W. 293-5; 246 F. 687; 205 S.W. 293; 113 Ark. 493; 197 U.S. 430. The method of assessment has been frequently upheld by this court. 81 Ark. 562; 121 Id. 105; 77 Id. 384; 108 Id. 421; 98 Id. 116; 103 Id. 127; 151 U.S. 480; 97 Ark. 334. It is settled that the ultimate authority to assess may be placed in the hands of a board with no right of appeal. 96 Ark. 410; 110 Id. 514; 126 Id. 145.
OPINION
The Monroe County Road Improvement District was created as a local improvement district by a special statute enacted by the General Assembly of 1917, authorizing the improvement of a highway running a distance of about twenty-two miles across Monroe County, from a point on Cache River, opposite the railroad station at Brassfield and running easterly parallel with the line of railroad of the Chicago, Rock Island & Pacific Railway Company to the east line of Monroe County. The route does not run entirely parallel with the line of railroad referred to, but substantially so, there being considerable variance at certain points. There is situated within the district the main line of railroad of the Chicago Rock Island & Pacific Railway Company, and also one of its branch lines; and the main line of the St. Louis Southwestern Railway Company, and also one of the branch lines of the Missouri Pacific Railroad Company.
The statute provides for the creation of a board of improvement and specifies the duties of the board with respect to assessment of benefits, the construction of the improvement and other matters necessary...
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