Thank You For Submiting Feedback!
There is no specific prohibition in the federal constitution, which acts upon the states in regard to their taking private property for any but a public use. The Fifth Amendment which provides, among other things, that such property shall not be taken for public use without just compensation, applies only to the federal government, as has many times been decided.
The landowner refused to pay the assessment on her land, alleging that the Wright Act (Act) that provided for the assessment was unconstitutional and void. The district collector enforced the collection by a sale and sold the land to the district. Before the collector delivered the deed, an injunction was requested to restrain the execution and delivery of any deed by such collector because of the alleged invalidity of the Act under which the proceedings were taken. The bill asserted that the law violated the federal constitution in that it amounted to the taking of the landowner's property without due process of law. The bill also asked that the assessment be set aside and all the proceedings declared void because of the invalidity of the Act. The lower court found the Act to be unconstitutional.
Was the Act that provided for the assessment unconstitutional?
The Court determined that the method of assessment provided for might not have been the best that could have been adopted in order to accomplish the most equal and exact justice that the nature of the case permitted. However, the Court was unable to say that the assessment was counter to any provision of the federal constitution.