132 Ga. 384 | Ga. | 1909
The City of LaGrange, -a municipal corporation, brought suit against the County of Troup, alleging that by virtue of the authority conferred upon the city by its charter and ordinances passed in pursuance thereof, it caused to be paved certain streets within the corporate limits of the city abutting on the public square whereon the court-house stood, and that the county is indebted to the city in the sum of $4,448.88 for its pro-rata part of the assessment levied to pay the cost of such improvement. The provisions in the charter under which the paving of the streets was done and the assessment against the county levied give the city
In view of the provisions of the act creating a charter for the City of LaGrange (Acts 1901, p. 477), giving power to make assessments against abutting property for street improvements, we think 'public property is not under such act liable to assessment. The only provision for the collection of such assessment is the sale at public outcry of the property assessed. It is provided in the act referred to that such sale shall vest absolute title in the purchaser, and that the city marshal “shall have authority to eject occupants and to put purchasers in possession.” We do not think it was intended that such provisions should apply to the property on which are situated the court-house and jail of the county. If the property on which the court-house and jail are located be subject to such local assessments, to strictly enforce the only provisions of the act providing for the collection thereof would require a levy on and sale of the public property and an eviction of the occupants thereof, and would deprive the county of the instrumentalities by means of which, through its officers, it is enabled to perform the functions of government. To levy upon and sell the court-house and jail would be to allow the municipality to invade the power and authority of the county and seriously interfere with its governmental operations and the administration of justice. We think a power of such far-reaching consequences is not to be inferred from a general act; but to entitle a municipality to its exercise, it would have to be clearly granted by the legislature, if it could be granted at all by it; and we do not think that the charter of LaGrange, giving power generally to assess abutting property for local street improvements, gives it the power to collect from the county any part of the costs of such improvements.
Affirmed.