State in re Iliff v. Bader
State in re Iliff v. Bader
Opinion of the Court
The ground on which I think the act is unconstitutional is, that it compels a county, through its commissioners, to raise funds, by the taxation of the people of the county, to pay for the condemnation of property required for the improvement of a street of a city of the first grade of the first class, within it. This violates the fundamental principle of taxation. It is a taking of property of one locality without the voice of its people for the benefit of another. If sound in principle the people of one county without their consent, may be taxed for the construction of roads of another county. For it will be found on reference to the second clause of the first section of the act, that its provisions are mandatory so far
Case-law data current through December 31, 2025. Source: CourtListener bulk data.