Lee v. Osceola & Little River Road Imp. Dist., 268 U.S. 643 (1925)

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Lee v. Osceola & Little River Road Improvement District


No. 336


Argued April 21, 27, 1925
Decided June 8, 1925
268 U.S. 643

ERROR TO THE SUPREME COURT
OF THE STATE OF ARKANSAS

Syllabus

1. A decree of a state supreme court enforcing special assessments despite objection that the underlying statute, as construed and applied, deprived the landowners of property without due process of law in violation of the Fourteenth Amendment, is reviewable by writ of error. P. 644.

2. A state cannot impose special taxes on lands acquired by private owners from the United States on account of benefits resulting from a road improvement made before the United States parted with its title. P. 645.

3. When a tax is beyond the constitutional powers of a state, its exaction is a taking of property without due process of law in violation of the Fourteenth Amendment. P. 646.

162 Ark. 4 reversed.

Error to a decree of the Supreme Court of Arkansas which affirmed a decree foreclosing a statutory lien to pay special reassessments on lands in a road improvement district.