Creighton v. Manson

Street Improvements by a Municipal Government. — The municipal Government of a city, in causing street improvements to be made, acts under the authority conferred upon it by the Legislature, and is subject to all the constitutional limitations and restraints imposed on the Legislature, and has no other or greater power than is and lawfully may be conferred on it by the legislative act.

Assessment not a Tax. — An assessment levied by a municipal Government upon lots adjacent to a street to pay for improvements made on the street, if held to be a tax, cannot be maintained, because it lacks the constitutional requirement of equality and uniformity.

Street Improvements in a City. — The Legislature has not the power to charge the persons who reside on a street in a city with the expenses of an improvement on that street.

Consolidation Act as to Street Improvements.—The Legislature has not, by the Consolidation Act for the government of San Francisco, and the amendments thereto prior to 1862, done anything more than to provide for a lien upon lots adjacent to a street for improvements made on the street, and define the manner in which the same may be enforced. These Acts do not create any personal liability on the part of the owners of such lots for such improvements, nor does the amendment of 1862 create any personal liability for work done or to be done under contracts entered into before its passage.

Assessment on Lot fob 1mproveí ent of Street.—If, under the power to take private property for public uses upon making a just compensation therefor, the Legislature possesses the power to levy an assessment upon lots in a city adjacent to a street to pay for improvements made on the street, the assessment cannot exceed the value of the benefit conferred on the lot or its owner by the improvement, and can be enforced only by proceedings to subject the lot to a sale in discharge of the lien.

Same. — Such assessment cannot be laid on the lot or its owner when the lot has received only an injury by the work on the street for which the assessment is levied.

Statute creating a Lien on a Lot fob Street Assessments.—A statute creating a lien upon a lot in a city to secure the payment of an assessment levied on the lot for improvements in the street adjacent, must be strictly construed, and the proceedings authorized by the statute to create and enforce the lien must be followed precisely as directed, or the whole proceeding will be void.

Resolution to grade Street in San Francisco.—A resolution of the Board of Supervisors of the City and County of San Francisco of intention to grade a street, must be presented to the President of the Board for his approval; and if not so presented, no lien can be enforced on the lots adjacent to the street for assessments' for grading the same.