197 Iowa 292 | Iowa | 1924
-Appellee is the owner of a farm of approximately sixty-six acres, all except a half acre of which lies within the boundaries of the city of LeMars. The land is located in the western part of -the city. Cedar Street extends north and south, and appellee’s property abuts upon this street for a distance of T,132 feet. The sewer in question is constructed in the center of Cedar Street opposite appellee’s land for a distance of
It is unnecessary that we go into the details of the evidence; but it is shown that in the last twenty years the growth of the city of LeMars has averaged twenty-seven a year; and the evidence also strongly tends to show that there are unoccupied lots within the platted portion of said city that are available for
In cases of this kind, the assessment of costs requires that the burden shall be distributed ratably and proportionately upon the property subject to assessment. Early v. City of Fort Dodge, 136 Iowa 187. The assessment as made by the city council is presumed to be legal, equitable, and just. Jones v. City of Sheldon, 172 Iowa 406; Dickinson v. Incorporated Town of Guthrie Center, 185 Iowa 541; Illinois C. R. Co. v. Incorporated Town of Pomeroy, 196 Iowa 504; Chicago, R. I. & P. R. Co. v. City of Centerville, 172 Iowa 444.
It may be conceded that the amount of assessment for benefits by the construction of such a municipal improvement is not necessarily limited by the present use which the owner makes of the property. Future prospects and reasonable anticipations may properly be considered. Chicago, R. I. & P. R. Co. v. City of Centerville, supra; Chicago & N. W. R. Co. v. Board of Supervisors, 182 Iowa 60; Des Moines City R. Co. v. City of Des Moines, 183 Iowa 1261.
The property of appellee, under the facts of this case, was subject to a reasonable assessment for benefits. The exact amount that should be assessed under such circumstances as are disclosed by this record is not easy of determination. At best, it can be only an approximation. There is no fixed standard or yardstick available.
We- have examined the record with care, and are satisfied therefrom that the original assessment as made by the city council against the property of appellee was excessive, and should be reduced. We are also satisfied that the amount of reduction of 40 per cent, as made by the trial court, is as nearly accurate and equitable as we could arrive at under the record in this case, and we are disposed to acquiesce therein. See Smith v. City of Marshalltown, 197 Iowa 85.
Appellant contends that the objections of appellee were not
The decree of the trial court meets with our approval, and it is — Affirmed.