75. Special Assessments
1. Taking/Special Assessments: A local assessment
beyond the special benefits conferred is a taking of private property for public
use without compensation. The return to the property owner of the benefit is
the foundation of special assessments. City of Reno
v. Folsom, 86 Nev. 39, 41, 464 P.2d 454 (1970) (#47)
2. Taking/Special Assessments: "'(T)he exaction from
the owner of private property of the cost of a public improvement in substantial
excess of the special benefits accruing to him is, to the extent of such
excess, a taking, under the guise of taxation, of private property for public
use without compensation.' (Emphasis in original.)" Id. at 42 (#47)
3. Taking/Special Assessments: "It is well established
that a special assessment, absent a benefit to the property assessed, is illegal
and void." Id. at 42 (#47)
4. Taking/Special Assessments: "'It cannot be assumed
in light of modern day highway transportation that the mere improvement of a
street will bring benefit to abutting property owners and subject them to assessment.'"
Id. at 43 (#47)