(Download) "Great Nor. Ry. v. Roosevelt Co." by Supreme Court of Montana # eBook PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: Great Nor. Ry. v. Roosevelt Co.
• Author : Supreme Court of Montana
• Release Date : January 03, 1958
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

CONSTITUTIONAL LAW ? TAXATION ? ASSESSMENT ? DUE PROCESS ? STATUTES. 1. Constitutional Law ? Statute violative of due process clause. The statutes providing for the creation of fire districts and the levy of a special assessment upon property within the districts so established without providing for any notice to property owners affected of the creation of the district or notice that a special tax assessment is to be levied upon them or that the taxpayer may be heard before his property is adjudicated to the tax is violative of the constitutional provisions as denying due process. 2. Constitutional Law ? Courts may not sanction an unconstitutional law. Mere fact that others have violated the "due process clause" of the constitution and that contemplated action taken may be thought to be in the best interests of the county or other subdivision and of the people thereof is not an admissible argument since the courts may not sanction a violation of the constitution however beneficial such a law may seem. - Page 356 3. Taxation ? Notice of assessment. Under the general tax statutes, taxpayers must be notified of the assessment of their property, and in addition must be given an opportunity to object to the value placed on the property and the notice must reasonably be calculated to apprise the owner of the proceedings affecting his interest. 4. Constitutional Law ? Notice of special assessment. Before a special assessment can become a permanent charge on the property of an individual, due process requires that he be given notice of it and some opportunity to contest its validity and amount. 5. Constitutional Law ? Words and phrases ? "Due process of law." "Due process of law" refers to and means certain fundamental rights which our system of jurisprudence has recognized, such as the requiring of notice to be given and a hearing had before property may be taken or impressed with a lien giving to the owner thereof such constitutional prerogatives.

PDF Books "Great Nor. Ry. v. Roosevelt Co." Online ePub Kindle