Melville Fuller

“ Whatever powers the municipal body rightfully enjoys over the subject is derived from the legislature. They are merely administrative, and may be revoked at any time, not touching, of course, any property of the city actually acquired in the course of administration.' But no question involving that distinction arises here. There is no contract with or grant to the public road board which the state could not resume; and in no aspect can the board be regarded as acting in a private capacity, or as having acquired a private interest in real estate struck off to it for want of purchasers. ”

“ All that the constitution or justice required was that a just compensation should be made to him, and his property would then be taken, whether or not he assented to the measure. The proceeding to ascertain the benefits or losses which will accrue to the owner of property when taken for public use and thus the compensation to be made to him, is in the nature of an inquest on the part of the state, and is necessarily under her control. It is her duty to see that the estimates made are just, not merely to the individual whose property is taken, but to the public which is to pay for it. ”

“ Even as to third parties, an assessment is not a 'contract' in the sense in which the word in used in the constitution of the United States, and whether rights arising thereon have become vested depends upon circumstances. ”