United States Supreme Court Cases & Opinions

U.S. Supreme Court

Hancock v. Muskogee, 250 U.S. 454 (1919)

Hancock v. City of Muskogee

No. 360

Submitted April 30, 1919

Decided June 9, 1919

250 U.S. 454

Syllabus

Due process of law does not require that the owners of property to be assessed for a local sewer improvement shall be notified in advance of the formation and bounds of the improvement district, when this is established by the legislature directly or by a municipality to which full legislative power over the subject has been delegated by the state. P. 250 U. S. 455.

The case is different when the district is established by a board or other inferior tribunal exercising only administrative or quasi-judicial authority. P. 250 U. S. 458.

When the legislature itself prescribes that the cost of such an improvement shall be apportioned against the lots in the district in proportion to area, there is no occasion for a hearing with respect to the mode in which the assessment shall be apportioned. Id.

How much of such cost shall be specially taxed to the property benefited, and whether the distribution shall be according to benefits to particular lots or according to frontage, values, or area are matters of legislative discretion, subject to judicial relief in case of abuse or error in execution. P. 250 U. S. 459.

168 P. 445 affirmed.

The case is stated in the opinion.

Page 250 U. S. 455