George Shiras, Jr.,
Craighill v. Lambert — Opinion of the Court
“ Private property is taken for public use when it is appropriated to the common use of the public at large. A stronger instance cannot be given than that of a lot of an individual in a city converted into a street. The former owner has no longer any interest in or control over the property, but it becomes the property of the public at large, and under the control of the public-authorities. ”
George Shiras, Jr.,
Craighill v. Lambert — Opinion of the Court
“ Upon a final analysis this proposition will be found to resolve itself into a denial of the validity of special assessments in any case where the work in question is undertaken by the public authorities, without the express assent or desire of the property holders. The effort made to distinguish between streets and highways, as constituting proper subjects of taxation for special benefits, and public parks, as matters of such a general nature as not to justify special assessment, does not appear to us to be successful. ”
George Shiras, Jr.,
Craighill v. Lambert — Opinion of the Court
“ The difficulties of construing the act are not necessarily in the act itself, but in its application to the subject-matter. Its provisions are somewhat vague and obscure; and it is possible that further legislation may be found requisite to carry out the intentions of congress. But such questions are not now before us for determination. Should errors supervene in the administration of the act, parties affected will have redress by appeal. ”
