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" In our judgment, the exaction from the owner of private property of the cost of a public improvement in substantial excess of the special benefits accruing to him is, to the extent of such excess, a taking, under the guise of taxation, of private property... "
American law reports annotated - Page 617
1919
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The Supreme Court Reporter, Volume 19

Law reports, digests, etc - 1899 - 962 pages
...Is made, or Is about to be made, that the виш во fixed is In excess of the benefits received. Desty Robert" Robert Desty `company shall not...proofs of loss had been made. The defendant furth compensation. We say "substantial excess," because exact equality of taxation Is not always attainable;...
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The Supreme Court Reporter, Volume 21

Law reports, digests, etc - 1901 - 958 pages
...prohibiting the taking of property without due process of law. In Norwood v. Baker it was said that "the exaction from the owner of private property of...excess, a taking, under the guise of taxation, of priTate property for public use without compensation," and that the assessment involved in that case,...
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The Pacific Reporter, Volume 63

Law reports, digests, etc - 1901 - 1164 pages
...Mr. Justice Harían in Norwood v. Baker, 172 IT. S. 2C9, 270, 10 Sup. Ct. 187, 43 L. Ed. 443, that "the exaction from the owner of private property of...property for public use, without compensation." The eminent jurist used the words "substantial excess" advisedly, because, as he explains, "exact equality...
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The Pacific Reporter, Volume 109

Law reports, digests, etc - 1910 - 1150 pages
...the court conceded that the true rule was that an "assessment must be tested by benefits, and that the exaction from the owner of private property of...taxation, of private property for public use without compensation" ; holding, however, that the statute under which the assessment was made did require...
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Reports of Cases Argued and Determined in Ohio Courts of Record ..., Volume 27

William John Tossell - Law reports, digests, etc - 1919 - 750 pages
...public improvement, in substantial excess of the special benefits accruing to him, is, to the extent oi such excess, a taking under the guise of taxation,...property for public use without compensation. The value of the entire benefits conferred upon the property may be assessed upon the land for the cost...
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Lawyers' Reports Annotated, Book 45

Law reports, digests, etc - 1899 - 932 pages
...improvement in a sum materially exceeding the special benefits which that property may derive from the work. The court said: "In our judgment, the exaction from...taxation of private property for public use without compensation." It has been uniformly held that such assessments rest upon the ground that the benefits...
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United States Reports: ... and Rules Announced at ..., Volume 172

United States. Supreme Court - Law reports, digests, etc - 1899 - 792 pages
...that kind is made or is about to be made, that the sum so fixed is in excess of the benefits received. In our judgment, the exaction from the owner of private...taxation, of private property for public use without compensation. We say "substantial excess," because exact equality of taxation is not always attainable,...
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The American State Reports: Containing the Cases of General Value ..., Volume 68

Abraham Clark Freeman - Law reports, digests, etc - 1899 - 1034 pages
...benefits received. In our judgment, the exaction from the owner of private property of the costs of public Improvement in substantial excess of the special...taxation, of private property for public use without compensation. We say substantial excess, because exact equality of taxation Is not attainable, and...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 173

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1899 - 768 pages
...property assessed, and that even if permitted by the statute of Iowa, such an assessment constitutes a taking, under the guise of taxation, of private property for public use without just compensation, and is therefore void under the Federal Constitution as amounting to a taking of...
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The American State Reports: Containing the Cases of General Value ..., Volume 71

Abraham Clark Freeman - Law reports, digests, etc - 1900 - 1058 pages
...improvement in a sum materially exceeding the special benefits which that property may derive from the work. The court said: "In our judgment, the exaction from...taxation of private property for public use without compensation." It has been uniformly held that such assessments rest upon the grounds that the benefits...
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