R. R. v. Sanford

1 Citing case

  1. In the Matter of Assessment Against R. R

    196 N.C. 756 (N.C. 1929)   Cited 11 times

    The latest authorities on the subject, however, recognize what we believe to be the true rule, and that is, that where the right of way receives a benefit from the improvements for which the assessment is levied, and there is no statute exempting the railroad company from local assessments in clear and unequivocal terms it is subject to assessment." Commissioners v. R. R., 133 N.C. at p. 218; Kinston v. R. R., 183 N.C. 14; Gunter v. Sanford, 186 N.C. 452; Town of Mt. Olive v. R. R., 188 N.C. 332; R. R. v. Sanford, 193 N.C. 340; Waxhaw v. R. R., 195 N.C. 550. In R. R. v. Ahoskie, 192 N.C. p. 258, it is held that under the provisions of the statute, it is necessary that there be an existing street in order for a valid assessment for improvements to be laid on the property of abutting owner.