Oklahoma Ry. Co. v. Severns Paving Co., 251 U.S. 104 (1919)

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Oklahoma Railway Company v. Severns Paving Company

No. 106

Argued November 19, 20, 1919
Decided December 8, 1919
251 U.S. 104

ERROR TO THE SUPREME COURT

OF THE STATE OF OKLAHOMA

Syllabus

A decree of a state court directing an assessment of land to pay for a public improvement should not be so framed as to leave in doubt the right of the property owner to be heard on the amount of the assessment. P. 107.

In platting land outside of a city, the owners dedicated in fee to a street railway company, to induce it to extend its line, a strip, for a right of way 40 feet wide along the center of a boulevard on condition that the strip be subject to reasonable police regulations and that the grantee construct crossings and curb and pave them whenever the boulevard should be paved. Held, that the strip was subject to special assessment by the city for paving the roadway of the boulevard, after inclusion in the city limit, and that the company’s contract rights were not thereby impaired. Id.

Provisions in a street railway franchise defining the grantee’s obligation to pave certain portion of the city street occupied by its line held not to affect the city’s right to impose a paving tax on a strip of land in the center of the street paved owned by the company in fee. Id.

67 Okla. ___ modified and affirmed.

The case is stated in the opinion.